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n 


TH  E 


CONSTITUTION 


OF     THE 


STATE  OF  MARYLAND 


FOUMET)  AND  ADOPTED  BY  THE    CONVENTION  WHICn  ASSEMBLED  AT  THE  ClTY 

OF  Annapolis,  May  8,  18G7,  and  Submitted  to  and  Eatified 
p.Y  THE  People  on  the  18th  Day  of  September,  1867. 


Marginal  J^otes  and  References, 


To  Ads  oftlic  General  Assembly  and  Decisions  of  the  Court  of  Appeals, 
And  an  Aptexdix  and  Index. 

By  EDWARD  OTIS  IITNKLEY,  Esq.,  of  ihe.  Baltimore  Bar. 


IJrinleil  bij  oriter  I^^^^ffl/  of  Ik  f^onrenfion. 


ANNAPOLIS: 
^^^  I  L  L  T  A  M    T  II  O  ^r  P  S  O  N ,    OF    R . 

S  r  ATE   Print  e  r  . 

1  8  fi  8  . 


THE 


CONSTITUTION 


OF    THE 


STATE  OF  MARYLAND 


Formed  and  Adopted  by  the  Convention  which  Assembled  at  the  City 

OF  Annapolis,  May  8,  1867,  and  Submitted  to  and  Ratified 

BY  THE  People  on  the  18th  Day  of  September,  1867. 


with 


Marginal  Notes  and  References, 

To  Acts  of  the  General  Assembly  and  Decisions  of  the  Court  of  Appeals, 
And  an  Appendix  and  Index. 

By  EDWARD  OTIS  HINKLEY,  Esq.,  of  ihe  Baltimore  Bar. 


mxxiid  bg 


order  rSSI^S^  h  of  {\\t  nmmxMx. 


ANNAPOLIS: 
William  Thompson,  of  E. 

State   Printer. 
1868. 


.4^ 


Maryland,  Set: 

I,  George  Earle,  Clerk  of  the  Court  of  Appeals  of  Maryland, 
do  hereby  certify,  that  the  annexed  is  a  correct  copy  of  the  Con- 
stitution of  Maryland,  deposited  in  the  Clerk's  Oifice  of  said  Court, 
on  the  seventeenth  day  of  August,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-seven. 

^u  SSitness  fcobereof,  /  hereunto  set  my  name  as 
Clerk,  and  affix  the  seal  of  the  said  Court 
of  Appeals  of  Maryland  on  this  Twenty-first 
day  of  October,  eighteen  hundred  and  sixty- 
seven.  GEORGE   EARLE,  Clerk 

of  the  Court  of  Appeals  of  Maryland. 


Entered,  according  to  the  Act  of  Congreps,  in  tlie 
year  1867,  by  J  o  h  n  M  o  r  p  h  y.  in  the  Clerk's 
Office  of  the  District  Court  of  Maryland. 


PREFACE. 

This  Edition  of  the  Declaration  of  Rights  and  Constitution  of 
Maryland  has  been  prepared  in  pursuance  of  an  order  of  the  Conven- 
tion. Great  pains  have  been  taken  both  by  the  Editor  and  the 
Publishers   to   make   it   as   perfect  as   possible. 

Lists  of  the  Members  of  the  Convention  and  of  its  several 
Committees,  and  the  Proclamations  of  the  Governor  convening  the 
Convention,  and  declaring  the  adoption  of  the  Constitution  by  the 
People   have   been   prefixed. 

Notes  have  been  placed  on  the  margin  indicating  the  contents, 
also  notes  referring  to  some  of  the  Acts  of  Assembly  passed  since 
1851  in  pursuance  of,  or  having  reference  to  the  Constitutions  of 
1851  and  1864,  and  to  the  Decisions  of  the  Court  of  Appeals  from 
the  foundation  of  the  Government  of  the  State  to  this  date. 

A  brief  commentary  is  appended  shewing  the  principal  changes 
in  the  Form  of  Government  of  the  State,  made  by  the  several 
Constitutions  of  1851,   1864   and   1867. 

The  Index  at  the  end  of  the  work  is  very  full,  giving  reference 
to  every  important  word,  and  the  number  of  the  Article,  Section 
and  Page  wherein  it  may  be  found, — and  to  accomplish  this  the 
same  matter  has  been  indexed  under  three  or  four  heads. 

It  is  to  be  noted  that  some  clerical  errors  occur  in  the  engrossed 
document  on  file  in  the  office  of  the  Clerk  of  the  Court  of  Appeals, — 
and  the  proof  having  been  read  by  him,  so  as  to  make  this  work  as 
exact  as  possible,  these  errors  are  noted  thus :  On  page  28  the  word 
[of]  having  been  repeated,  is  placed  in  brackets  in  Roman  type, 
and  the  letter  [d]  on  same  page  is  printed  in  same  way,  and  on 
pages  40  and  115,  the  word  [6e]  having  been  omitted,  is  added  and 
placed  in  brackets.  The  word  removal  at  bottom  of  page  102, 
is  in  the  engrossed  document,  it  seems  to  be  an  error  for  renewal. 

The  Publishers  have  by  these  additions,  as  well  as  by  great  care  ia 
the  typography,  endeavored  to  render  this  edition  as  accurate  as 
possible.  They  hope  that  the  Notes,  Index,  «&c.,  as  well  as  the 
style  in  which  it  is  produced  will  be  acceptable  to  all. 

225800  3 


PROCEEDINGS 


A  PROCLAMATION 
By  the   Governor   of   Maryland. 


State  of  Maryland,  Executive  Department. 

Whereai^,  By  an  Act  of  the  General  Assembly  of  Maryland,  passed 
at  January  session,  1867,  entitled  "An  Act  to  provide  for  taking  the 
sense  of  the  people  of  this  State  on  the  call  of  a  Convention  to  form 
a  new  Constitution  and  Form  of  Government,  and  for  assembling  the 
members  thereof,"  it  was  enacted  that  an  election  should  be  held  as 
provided  by  said  Act  to  take  the  sense  of  the  people  on  the  question 
of  the  call  of  the  Convention,  and  to  elect  delegates  thereto  in  case 
said  call  was  sustained  by  a  majority  of  the  votes  cast; 

And  Whereas,  It  is. by  said  Act  made  the  duty  of  the  Governor  to 
count  and  cast  up  the  number  of  ballots  cast  at  said  election  for  and 
against  a  Convention,  and  the  blank  ballots  cast,  and  the  ballots  cast 
for  delegates  to  said  Convention,  and  if  it  should  thereupon  appear 
that  more  votes  had  been  cast  in  favor  of  the  call  of  a  Convention 
than  against  such  call,  to  issue  his  proclamation  declaring  the  persons 
having  the  majority  in  the  several  counties  and  in  the  city  of  Baltimore, 
respectively,  to  be  elected  to  said  Convention,  and  for  the  assembling 
of  the  members  thereof; 

And  Whereas,  The  returns  of  said  election  have  been  received  from 
the  city  of  Baltimore  and  the  several  counties  of  the  State,  and  upon 
counting  and  casting  up  the  ballots  which,  according  to  said  returns, 
were  cast  at  the  election  held  for  said  purpose  on  the  10th  day  of 
April  instant,  it  appears  that  the  whole  number  of  votes  cast  was 
58,718,  of  which  34,534  were  for  a  Convention,  and  24,136  against  a 
Convention,  and  48  blank  ballots ;  and  it  therefore  appearing  that 
4 


Proceedings.  5 

more  votes  have  been  cast  in  favor  of  the  call  of  a  Convention  than 
against  the  call  of  a  Convention — 

Now,  Therefore,  I,  Thomas  Swann,  Governor  of  the  State  of 
Maryland,  in  obedience  to  the  requirements  of  the  Act  of  Assembly 
aforesaid,  do  by  this  my  proclamation  declare  and  make  known  that 
the  persons  having  the  majority  in  the  several  counties  and  the  city 
of  Baltimore,  respectively,  have  been  duly  elected  delegates  to  said 
Convention,  and  that  the  Convention  authorized  by  said  Act  will  be 
held  in  the  city  of  Annapolis,  on  the  Second  Wednesday  of  May 
next,  being  the  eighth  day  of  said  month,  where  the  said  delegates 
will,  on  that  day,  assemble  to  enter  upon  the  discharge  of  the  duties 
prescribed  by  the  Act  aforesaid. 

Given  under  my  hand  and  the  Great  Seal  of 
the  State  of  Maryland,  at  the  city  of  Anna- 
polis, this  twentieth  day  of  April,  in  the  year 
of   our    Lord  eighteen    hundred  and    sixty- 

seven 

THOMAS   SWANN. 

By  the  Governor : 

John  M.   Carter,  Secretary  of  State, 

In  conformity  with  the  aforegoing  Proclamation,  and  in  obedience 
to  the  requirements  of  the  Act  of  Assembly,  the  title  of  which  is  therein 
mentioned,  the  Convention  assembled  at  12  o'clock,  M  ,  on  Wednesday 
the  8th  day  of  May,  in  the  year  one  thousand  eight  hundred  and  sixty- 
seven,  in  the  Hall  of  the  House  of  Delegates,  in  the  city  of  Annapolis, 

All  the  delegates  elect  appearing  to  be  present,  except  Messrs. 
Thomas  I.  Hall,  of  Anne  Arundel  county,  Anthony  Kennedy,  of  Balti- 
more county,  John  W.  Bennett,  of  Carroll  county,  Vivian  Brent  and 
John  T.  Stoddert,  of  Charles  county,  James  Wallace,  of  Dorchester 
county,  Henry  D.  Farnandis,  of  Harford  county,  William  M.  Merrick, 
of  Howard  county,  and  John  B.  Brooke  and  Elbert  G.  Emack,  of 
Prince  George's  county. 

On  motion,  by  Mr.  Isaac  D.  Jones, 

Mr.  John  F,  Dent  was  appointed  temporary  President ;  and  Mr. 
James  R.   Howison,  temporary  Secretary. 
On  motion,  by  Mr.  Jones,  it  was 

Ordered,  That  the  Proceedings  of  the  Convention  be  opened  by 
prayer,  and  that  the  Rev.  Mr.  Leech,  who  is  now  present; be  requested 
to  officiate ;  whereupon, 

The  Rev.  Mr.  Leech  offered  a  prayer. 


6  Proceedings. 

Mr.  Charles  S.  Parran,  submitted  the  following  order  : 

Which  was  agreed  to. 

Ordered,  That  a  Committee  of  five  be  appointed  by  the  Chair  to 
inform  the  Governor  that  the  Convention  to  frame  a  new  Constitution 
for  the  State  of  Maryland,  has  assembled  in  the  Hall  of  the  House  of 
Delegates,  in  accordance  with  the  Act  of  the  General  Assembly,  and 
his  Proclamation  relating  thereto,  and  has  temporarily  organized  by 
electing  a  Chairman  and  Secretary,  and  that  the  Convention  desires  to 
have  a  list  of  names  of  the  Delegates  who  are  shown  by  the  returns 
made  to  him,  to  have  been  duly  elected  members  of  the  Convention ; 
whereupon, 

Messrs.  Charles  S.  Parran,  of  Calvert,  Isaac  D.  Jones,  of 
Somerset,  Philip  H.  Roman,  of  Allegany,  Bernard  Carter,  of  Bal- 
timore city,  and  J.  K.  Longwell,  of  Carroll,  are  appointed  the  said 
committee. 

The  Committee  retired,  and  on  returning,  reported  that  they  had 
called  on  the  Governor,  as  directed  by  the  order  of  the  Convention, 
and  that  the  Governor  would  communicate  the  information  desired 
forthwith. 

On  motion,  by  Mr.  Jones, 

To  adjourn  until  to-morrow,  at  12  o'clock, 

It  was  determined  in  the  negative. 

The  following  message  was  received  from  the  Governor,  by  Mr. 
Leary,  his  Secretary : 

Executive  Department, 
Annapolis,  May  8,   1867. 
To  the  Convention  : 

Gentlemen: — In  accordance  with  the  application  of  your 
Honorable  Body  through  the  Committee  appoiated  to  confer  with 
me,  I  transmit  herewith  a  list  of  the  members  elected  under  the  Act 
entitled  "An  Act  to  provide  for  taking  the  sense  of  the  people  of  this 
State  on  the  call  of  a  Convention,  to  form  a  new  Constitution  and 
Form  of  Government,  and  for  assembling  the  members  thereof,"  passed 
at  the  late  January  session  of  the  General  Assembly  of  Maryland:  and 
I  also  hand  you  the  Proclamation  of  the  Governor  issued  in  accordance 
with  the  provisions  of  the  said  Act. 

The  oflBeial  returns  from  the  several  counties  and  the  city  of  Balti- 
more are  on  file  in  this  office,  subject  to  the  use  of  the  Convention. 
I  have  the  honor  to  be,  with  great  respect, 

Your  obedient  servant, 

THOMAS   SWANN. 


Members  of  the  Convention. 


Allegany  County. 
THOMAS  PERRY, 
ALFRED  SPATES, 
WILLIAM    AVALSH, 
J.  PHILIP  ROMAN, 
JACOB   HOBLITZELL, 
THOMAS  J.  McKAIG. 


Anne  Arundel  County. 
JAMES   R.    HOWISON, 
THOMAS   I.  HALL, 
E.  G.  KILBOURN, 
LUTHER  BIDDINGS. 


Baltimore  County. 
CHAS.   A.  BUCHANAN, 
JOHN    WETHER  ED, 
EPHRAIM    BELL, 
ANTHONY  KENNEDY, 
SAMUEL   W.   STARR, 
CHARLES   H.   NICOLAI, 
ROBERT   C.   BARRY. 


Calvert   County. 
JOHN    PARRAN, 
CHARLES   S.   PARRAN, 
JOHN    F.  IRELAND. 


Baltimore  City — \s,t  Legislative  Dist. 
LINDSAY  H.  RENNOLDS, 
EZRA   WHITMAN, 
JOHN    H.   BARNES, 
ISAAC   S.  GEORGE, 
JOSHUA   VANSANT, 
EDWARD   F.   FLAHERTY, 
JAMES   A.  HENDERSON. 


Baltimore  City —  2d  Legislative  Dist. 
GEORGE  M.  GILL, 
GEORGE    WM.   BllOWN, 
BERNARD   CARTER, 
ALBERT   RITCHIE, 
HENRY   F.  GAKEY, 
GEORGE   W.  DOBBIN, 
J.  HALL  PLEASANTS. 


Baltimore  City — Zd  Legislative  Dist. 
JAMES  R.   BREWER, 
JOHN    FERRY, 
J.  MONTGOMERY  PETERS, 
JOHN    FRANCE, 
JOS.   P.  MERRYMAN, 
I.   M.   DEN  SON, 
WALTER  S.  WILKINSON. 


Caroline  County. 
R.  E.  HARDCASTLE, 
CHAS.  E.  TARR, 
TILGHMAN    H.   HUBBARD, 
W.  H.  WATKINS. 


Carroll  County. 
JOHN    K.   LONGWELL, 
GEORGE  W.  MANRO, 
STERLING   GALT, 
BENJ.  W.  BENNETT, 
THOS.  F.    COVER, 
WM.  N.  HAYDEN. 


Cecil  County. 
BENJ.  B.  CHAMBERS, 
GEORGE  R.  HOWARD, 
JAMES   B.  GROOM E, 

JAMES  o.  Mccormick, 

ELI  COSGROVE. 


Charles  County. 
WALTER  MITCHELL, 
VIVIAN   BRENT, 
JOHN    T.  STODDERT. 


8 


Members  of  the  Coxyention. 


Dorchester  County. 
JAMES   WALLACE, 
WM.  T.  GOLDSBOROUGH, 
GEOKGE   E.   AUSTIN, 
LEVIN   HODSON. 


■Queen  Amie's  County^ 
RICHARD   B.  CARMICHAEL, 
THOMAS   J    KEATING, 
WASHINGTON    FINLEY, 
STEPHEN    J.    BRADLEY. 


Frederick   County. 
WILLIAM   P.  MAULSBY, 
FREDERICK  J.  NELSON, 
HARRY    W.  DORSEY, 
OUTERBRIDGE   HORSEY, 
WILLIAM   S.   McPHERSON, 
JOHN    B.    THOMAS, 
DEWITT  C.  JOHNSON. 


Harford  County. 
HENRY    D.   FARNANDIS, 
HENRY  W.   ARCHl!^, 
JOHN   EVANS, 
EVANS   S.   ROGERS. 
HENRY  A.  SILVER- 


Howard  County. 
WM.  M.  MERRICK, 
JAMES   MACKUBIN, 
HENRY   O.   DEVRIES, 
JAMES   MORRIS. 


Saint  Mary's  Cr.v.tii'p 
ROBERT   FORD, 
JOHN    F.   DENT, 
BAKER   A.  JAMISON. 


Somerset  County. 
PURNELL  TOADVINE, 
THOMAS   F.  J.  RIDER, 
JAMES   L.   HORSEY, 
ISAAC    D.  JONES, 
HENRY   PAGE. 


Talbot  County. 
WILLIAM   GOLDSBOROUGH, 
RICHARD   C.   HOLLYDAY, 
HENRY   E.    BATE  MAN, 
ORMO    D   HAMMOND. 


Kent  County. 
JOSEPH    A.   WICKES, 
RICHARD   W.  RINGGOLD. 
C.  H.  B.  MASSEY, 
WM.  JANVIER. 


Montgomery  County. 
GREEN  BURY  M.   WATKINS, 
NICHOLAS    BREWER, 
SAMUEL   RIGGS,  of  R., 
WASHINGTON   DUVALL. 


Prince  George's  County. 
JOHN   F.   LEE, 
JOHN,  B.    BROOKE, 
FEN  DALE   MARBURY, 
ELBERT   G.   EMACK. 


Washington  Cownty. 
ANDREW    K.   SYESTER, 
RICHARD    H.    ALVEY, 
JOSEPH    MURRAY, 
S.  S.   CUNNINGHAM, 
WM.   M OTTER, 
GEO.  POLE. 


Worcester  County. 
J.  HOPKINS  TARR, 
LITTLETON    P.   FRANKLIN, 
THOMAS    P.    PARKER, 
SAMUEL  S.  McM ASTER, 
GEORGE   W.  COVINGTON. 


Officers  of  the  Convention. 


President IIox.  RICHARD    B.  CARMICHAEL,  of  Queen  Anne's  County. 

Secretary Milton  Y.  Kidd,  of  Cecil  County. 

Assktant  Secretary ...Thom.ks  H.  Moore,  of  Baltimore  County. 


Cleik  of  Rnn'ftion 
and  CompUation, 

Sci-rjeant-at-A  rvis. 

Committee  Clerks.. 


[■Joseph  H.  Nicholson,  of  Anne  Arundel  County. 

..Charles  G.  Griffith,  of  Baltimore  City. 

..John  V.  Posey,  of  St.  Mary's  Co.     Stephen  P.  Toadvine,  of  Somerset  Co. 
N.  T.  Meginnis,  of  Kent  Co.,  and   John  H.  Woodward,  of  Baltimore  City. 

Door  Keepers John  Haoan,  of  Frederick  Co.       Henry  Dryden,  of  Worcester  Co. 

Poatmaster J.  E.  Bateman,  of  Harford   County 


Standing  Committees. 


Committee  to  Consider  and  Report  upon  the  Declaration  of  Rights. 

Messrs.  Jones,  Buchanan,  Austin,  Brooke, 

Perry,  Ireland,  Rodgers,  Bradley, 

Hall,  Ilardcastle,  Morris,  Jamison, 

George,  Manro,  Nt-lson,  HHiniuoud, 

Carter,  Howard,  Riniigold,  Sycster, 

Peters,  Stoddert,  Brewer,  of  Mont'y,  Parker. 


Messrs.  Stoddert, 
Perry, 
Hall, 


Messrs.  Dent, 

McKaig, 
Brown, 


Messrs.  Dobbin, 
Walsh, 
Howison, 
Gill. 
Ritchie, 
Barry, 


Committee  upon  the  Executive  Department. 

Vansant,  Wallaf'e, 

Wethered,  Maulsby, 

Bennett,  Tarr,  of  Worceeter. 

Committee  upon  the  Legislative  Department. 

Gill,  Howard, 

Kennedy,  Farnaudis, 

Hayden,  Page. 

Committee  tipoii  the  Judiciary  Department. 


Parran,  C.  S., 
T.irr,  of  Caroline, 
Groom  e, 
Hayden, 
Brent, 
Wallace, 


Maulsby, 

Arciier, 

Mackubin, 

Wickes, 

Watkihs,  of  Mont'y, 

Marbury, 


Keating, 

Ford, 

Pnge, 

Hollyday, 

Hotter, 

Covington. 


Messrs.  Barry, 

Rennolds, 


Garey, 


Messrs.  Hollyday, 
Ferry, 
Starr, 


Committee  upon  the  Attorney -General  and  State's  Attorneys. 

Ta  rr,  of  Worcester, 
Ford, 


Groom  e, 
Evans, 


Ringgold, 


Archer. 


Committee  upon  the  Treasury  Department. 

Bradley,  Dorsey, 

Franklin,  Massey, 

Chambers,  Emack. 


10 


Standing  Committees. 


CommiUee  upon  the  Elective  Franchise  and  the  Quaiijication  of  Voters. 

Messrs.  Wickes,  Merryman,  Bateman, 

Hoblitzell,  "Wethered,  Ford, 

Garey,  Duvall,  Syester. 

Committee  Respecting  the  Militia  and  Military  Affairs. 

Messrs.  Lee.  Wafkins, 

Giildings,  Wallace, 

Ferry,  Mackubin, 


Toadvine, 

Pole. 

Mc  Master. 


Committee  upon  Education. 


Messrs. 


Farnandis, 

MoKaiw, 

Kilbourn, 

Vansant, 

Pleasants, 

"Wilkinson, 


Bell, 

Parran.  Chas.  S., 

Tarr,  of  Caroline, 

C<iver, 

McCormick, 

Brent, 


Goldsborough,  of  Dor.,  Keating, 
Johnson,  Jamison, 

Devries,  Eider, 

Massey,  Bateman, 

Duvall,  Murray, 

Brooke,  Franklin. 


Committee  upon  a  Proper  Basis  of  Representation  in  the  tioo  Houses  of  the  Gene- 
ral Assembly,  and  a  Proper  Apportionment  of  Representatives  in  the  Same. 


Messrs.  Alvey, 
Roman, 
Giddings, 
Barnes, 
Brown, 
Denson, 


Kennedy. 

Parran.  John, 

Hubbard, 

Longvvell, 

Cosgrove, 

Mitchell, 


Hodson,  Lee, 

Horsey,  of  Frederick,  Finley, 


Evi 

Mackubin, 

Janvier, 

Riggs, 


Dent, 
Toadvine, 
Goldsborough,  of 
McMaster.     [Tal. 


Committee  Respecting  Future  Amendments  to  the  Constitution. 


Messrs.  Maulsby, 
Flaherty, 
Franck, 


Buchanan, 

Archer, 

Chambers, 


McPherson, 
"Watkins,  of  Mon'y, 
Emack. 


Comm-iiiee  Respecting  the  Appointment,  Tenure  of  Office,  Duties  and  Compensation 
of  all  Civil  Officers  not  Embraced  in  the  Duties  of  Other  Standing  Committees. 


Messrs.  Roman, 
Carter, 
Barry, 


Messrs.  Howison, 
Spates, 
"Whitman, 


Messrs.  Longwell, 
Henderson, 
Starr, 


Mitchell, 

Austin, 

McPherson, 

Committee  upon  Accounts. 

Hubbard, 

Chambers, 

Janvier, 

Committee  upon  Printing. 

Brewer,  of  Baltimore  city, 

Thomas, 

Silver, 


Mackubin, 

Lee, 

Cunningham. 


Dorsey, 

Riggs", 
Silver 


Dent, 

Motter, 

Horsey,  of  Somerset 


Committee  upon  Public  Works  and  Corporations. 

Messrs.  Barnes,  Gait,  Goldsborough, of  Dor., 

Spates,  Horsey,  of  Frederick,  Marbury, 

Nicolai,  Farnandis,  McMaster. 

Committee  on  all  such  Parts  of  the  Constitution  as  were  not  Referred  to  any  other 

Committee. 
Messrs.  Carter,  Archer,  Mitchell,  Maulsby,  Jones. 

Committee  on  Revision  and  Compilaiio7i. 
Messrs.  Lee,  Carter,  Farnandis,  Mackubin,  Wickes- 


Pboclamation  by  the  Governor. 


State  of  Maryland, 

,  Execulioe  DeparimenL 

Whereas,  By  an  Act  of  the  General  Assembly  of  Maryland,  passed 
at  January  Session,  eighteen  hundred  and  sixty-seven,  entitled  "  An 
Act  to  provide  for  taking  the  sense  of  the  people  of  this  State  on 
the  call  of  a  Convention  to  frame  a  new  Constitution  and  form  of 
Government,  and  for  assembling  the  members  thereof,"  it  is  provided 
"that  the  Constitution  and  form  of  Government  adopted  by  said 
Convention  shall  be  submitted  to  the  legal  and  qualified  voters  of  the 
State  for  their  adoption  or  rejection,  at  such  time,  in  such  manner, 
and  subject  to  such  regulations  as  the  said  Convention  may  prescribe." 

And  Whereas,  It  is  further  provided  by  said  act  "that  the 
Governor  shall  receive  the  returns  of  the  number  of  votes  cast  in 
this  State  for  the  lidoption  or  rejection  of  the  Constitution  submitted 
by  the  Convention  to  the  people  of  this  State,  as  aforesaid,  and  upon 
counting  and  casting  up  the  returns  made  to  him,  as  hereinbefore 
prescribed,  if  it  shall  appear  that  a  majority  of  the  votes  cast  at  the 
said  election  have  been  cast  in  favor  of  the  adoption  of  the  said 
Constitution,  he  shall  issue  his  proclamation  to  the  people  of  the 
State  declaring  the  fact,  and  shall  take  such  measures  as  shall  be 
required  by  said  Constitution  to  carry  the  same  into  effect,  and  to 
supersede  the  existing  Constitution." 

And  Whereas,  In  pursuance  of  the  said  Act,  and  of  a  vote  of  a 
majority  of  the  people  of  the  State  taken  in  conformity  to  its  provisions, 
and  in  favor  of  the  assembling  .of  said  Convention,  that  body  did 
convene  at  the  City  of  Annapolis  on  the  day  appointed  by  said  act, 
and  did  on  the  seventeenth  day  of  August  last  adopt  a  new  Constitution 
and  form  of  government,  and  did  therein  direct  that  the  same  should 
be  submitted  to  the  people  of  the  State  for  their  adoption  or  rejection, 
at  an  election  to  be  held  in  the  city  of  Baltimore  and  the  various 
counties  for  that  purpose,  on  the  eighteenth  day  of  September  instant. 

And  Whereas,  By  said  Constitution  it  is  further  provided  that  "  the 
Governor,  upon  receiving  the  returns,  and  ascertaining  the  aggregate 
vote  throughout  the  State,  shall  by  his  proclamation,  make  known  the 

11 


12  Proclamation  by  the  Governoii. 

same,  and  if  a  majority  of  the  votes  cast  shall  be  for  the  adoption  of 
this  Constitution,  it  shall  go  into  effect  on  Saturday,  the  fifth  day  of 
October,  eighteen  hundred  and  sixty-seven." 

And  Whereas,  The  returns  of  said  election  so  held  on  *he  eighteenth 
day  of  September  instant  have  been  duly  certified  to  me  by  the 
Judges  of  Election,  and  upon  counting  and  casting  up  the  same  it 
doth  appear  that  there  were  forty-seven  thousand  one  hundred  and 
fifiy-two  (47,152)  ballots  for  the  Constitution,  and  twenty-three 
thousand  and  thirty-six  (23,036)  ballots  against  the  Constitution, 
and  that  there  were  twenty-seven  blank  ballots ;  and  there  being 
therefore  of  the  aggregate  vote  so  cast  a  majority  in  favor  of  the 
adoption  of  said  Constitution — 

Now,  therefore,  I,  Thomas  Swann,  Governor  of  the  State  or 
Maryland,  in  pursuance  of  the  authority  so  vested  in  me  by  the  said 
act  of  Assembly  and  the  Constitution  aforesaid,  do,  by  this  my 
proclamation,  declare  and  make  known  that  the  said  Constitution 
and  form  of  government  so  framed  and  adopted  by  the  Convention 
aforesaid  has  been  adopted  by  a  majority  of  the  voters  of  this  State, 
and  that  in  pursuance  of  the  provision  therein  contained,  the  same 
will  go  into  effect  as  the  proper  Constitution  and  form  of  government 
of  the  State,  superseding  the  one  now  existing,  on  Saturday,  the  fifth 
day  of  October  next. 

Given  under  my  hand  and  the  Great  Seal  of  the 
State  of  Maryland,  at  the  city  of  Annapolis, 
this  twenty-seventh  day  of  September,  in  the 
year  of  our  Lord  one  thousand  eight  hundred 
and  sixty-seven. 


THOMAS  SWANN. 


By  the  Governor : 
John  M.  Carter,  Secretary  of  State, 


ADOPTED  BY  THE  CONVENTION, 


WHICH    ASSEMBLED    AT    THE    CITY    OF    ANNAPOLIS,    ON    THE     EIGHTH    DAY    OF 
MAY,    EIGHTEEN  ^HUNDRED     AND     SIXTY-SEVEM,    AND    ADJOURNED    ON    THE 
_      ___ir  OF  AUGUST.  EIGHTEEN 


SEVENTEENTIj^AY  OF  AUGUST,  EIGHTEEN  rfUNDRED  AND  SIXTY-SEVEN. 


Declaration  of  Rights. 

We,  the  People  of  the  State  of  Maryland,  grate-  preamble. 
ful  to  Almighty  God  for  our  civil  and  religious 
liberty,  and  taking  into  our  serious  considera- 
tion the  best  means  of  establishing  a  good  Con- 
stitution in  this  State  for  the  sure  foundation 
and  more  permanent  security  thereof,  declare : 

Aeticle  1.   That  all  Government  of  risrlit  origin  and 

^  Foundation  of 

originates  from  the  People,  is  founded  in  com-  «o^*^"'n'''»t. 
pact  only,  and  instituted  solely  for  the  good 
of  the  whole ;  and  they  have,  at  all  times,  the  ^^^^^  ^^ 
inalienable   right   to  alter,   reform   or   abolish  3 bl^';  7 Md 
their  Form  of  Government,  in   such  manner  14. ' 
as  they  may  deem  expedient. 

Art.   2.    The   Constitution    of   the   United  constitution  of 
States,  and  the  Laws  made,  or  which  shall  be 
made   in   pursuance   thereof,  and  all  Treaties 
made,   or   which    shall    be    made,   under   the 
2  13 


14 


Declaeation  of  Rights. 


8TiiH«me  Law. 


447. 


Powers 
reserved. 


State's  Bight8. 


authority  of  the  United  States,  are,  and  shall 
be  the  Supreme  Law  of  the  State;  and  the 
Judges  of  this  State,  and  all  the  People  of 
this  State,  are,  and  shall  be  bound  thereby; 
G.  i  J.  1;  30.  anything;  in  the  Constitution  or  Law  of  this 

14;  6  G.  56,  426;  *^  ^ 

6  G.  200;  2  Md.  gtate  to  the  contrary  notwithstanding. 

Art.  3.  The  powers  not  delegated  to  the 
United  States  by  the  Constitution  thereof,  nor 
prohibited  by  it  to  the  States,  are  reserved 
to  the  States  respectively,  or  to  the  people 
thereof. 

Art.  4.  That  the  People  of  this  State  have 
the  sole  and  exclusive  right  of  regulating  the 
internal  government  and  police  thereof,  as  a 
free,  sovereign  and  independent  State. 

Art.  5.  That  the  Inhabitants  of  Maryland 
are  entitled  to  the  Common  Law  of  England, 
and  the  trial  by  Jury,  according  to  the  course 
of  that  Law,  and  to  the  benefit  of  such  of  the 
English  Statutes  as  existed  on  the  Fourth  day 
of  July,  seventeen  hundred  and  seventy-six; 
and  which,  by  experience,  have  been  found 
applicable  to  their  local  and  other  circum- 
stances, and  have  been  introduced,  used  and 
practiced  by  the  Courts  of  Law  or  Equity ;  and 

Acts  of  Assem-  also  of  all  Acts  of  Assembly  in  force  on  the 
first  day  of  June,  Eighteen  hundred  and  Sixty- 
seven  ;  except  such  as  may  have  since  expired, 
or  may  be  inconsistent  with  the  provisions  of 
this  Constitution;  subject,  nevertheless,  to  the 
revision  of,  and  amendment  or  repeal  by,  the 

Charter  of  the     Lcgiskturc  of  this  State.     And  the  Inhabitants 


Common  Law. 


Trial  by  Jury. 


English 
Statutes. 


Declaration  of  Rights.  16 


of  Maryland  are  also  entitled  to  all  property  q  &*.^/^V'g^ 
derived   to   them  from,  or  under  the  Charter  ^mS?  ?£ 

,      ,  TT«        Ti«-     •  /-NT  1  1  -!-»•  135,  416,  500;  16 

granted  by  His  Majesty  Charles  the  First  to  m<i.  549, 539;  15 
Csecilius  Calvert,  Baron  of  Baltimore.  g%S;'Stc: 

Art.  6.  That  all  persons  invested  with  the  Right  of 
Legislative  or  Executive  powers  of  Govern- 
ment are  the  Trustees  of  the  Public,  and,  as 
such,  accountable  for  their  conduct:  Where- 
fore, whenever  the  ends  of  Government  are 
perverted,  and  public  liberty  manifestly  en- 
dangered, and  all  other  means  of  redress  are 
ineffectual,  the  people  may,  and  of  right 
ought,  to  reform  the  old,  or  establish  a  new 
Government:  the  doctrine  of  non-resistance 
against  arbitrary  power  and  oppression  is 
absurd,  slavish  and  destructive  of  the  good 
and  happiness  of  mankind. 

Art.  7.  That  the  right  of  the  people  to  par-  Right  ot  suf- 

frage. 

ticipate  in  the  Legislature  is  the  best  security  i8Md.479. 
of  liberty  and  the  foundation  of  all  free  Gov- 
ernment; for  this  purpose,  elections  ought  to 
be  free  and  frequent;  and  every  white  male 
citizen,  having  the  qualifications  prescribed 
by  the  Constitution,  ought  to  have  the  right 
of  suffrage. 

Art.   8.    That    the    Legislative,   Executive  separation  of 

<=*  the  Depart- 

and  Judicial   powers  of.  Government  ought  to  Slenf.^"^' 
be   forever    separate    and    distinct   from   each  G^&j.ies^'o. 

.1  1  .    .  ,         „  .  66;   2  G.  147;  8 

other;  and  no  person  exercising  the  lunctions  <i.i4i;2Md.34i, 
of  one  of  said  Departments  shall  assume  or  m:^Sm.iw\ 
discharge  the  duties  of  any  other.  Md.  i83;  4'Md. 

Art.  9.  That  no  power  of  suspending  Laws  g, 
or  the  execution  of  Laws,  unless  by,  or  derived 


Suspension  of 
Laws. 


16 


Declaeation  of  Eights. 


Freedom  of 
Speech. 


Seat  of  Govern- 
ment. 


Meeting  of 
Legislature. 


Right  of  Peti- 
tion. 


Levying  of 
Taxes. 


Poll  Taxes  op- 
pressive. 


Paupers  not  to 
be  taxed. 


Taxation  ac- 
cording to  ac- 
tual worth. 


Fines,  &c. 


from  the  Legislature,  ought  to  be  exercised, 
or  allowed. 

Akt.  10.  That  freedom  of  speech  and  de- 
bate, or  proceedings  in  the  Legislature,  ought 
not  to  be  impeached  in  any  Court  of  Judica- 
ture. 

Art.  11.  That  Annapolis  be  the  place  of 
meeting  of  the  Legislature;  and  the  Legis- 
lature ought  not  to  be  convened,  or  held 
at  any  other  place  but  from  evident  neces- 
sity. 

Art.  12.  That  for  redress  of  grievances, 
and  for  amending,  strengthening  and  pre- 
serving the  Laws,  the  Legislature  ought  to 
be  frequently  convened. 

Art.  13.  That  every  man  hath  a  right  to 
petition  the  Legislature  for  the  redress  of 
grievances  in  a  peaceable  and  orderly  man- 
ner. 

Art.  14.  That  no  aid,  charge,  tax,  burthen 
or  fees  ought  to  be  rated  or  levied,  under  any 
pretence,  without  the  consent  of  the  Legisla- 
ture. 

Art.  15.  That  the  levying  of  taxes  by  the 
poll  is  grievous  and  oppressive,  and  ought  to 
be  prohibited ;  that  paupers  ought  not  to  be 
assessed  for  the  support  of  the  Government; 
but  every  person  in  the  State,  or  person  hold- 
ing property  therein,  ought  to  contribute  his 
proportion  of  public  taxes  for  the  support 
of  the  Government,  according  to  his  actual 
worth  in  real  or  personal  property ;  yet,  fines, 


Declakation  of  Rights.  17 


duties   or   taxes   may  properly  and  justly  be  i2G  & TliTfi 

1  1     •  1  •    1  T    .        1  .  ^         G-  802;   '1  G.  11, 

imposed,   or    laid,   with   a    political   view   lor  '^^\^^!'l^  ^^'^^^ 
the  good  government  and  benefit  of  the  com-  l/^^tv'^Md.^o"; 

18    Md.    1,   451; 

munity.  20  Md.  516. 

Art.  16.  That  sanguinary  Laws  ought  to  sanguinary 
be  avoided  as  far  as  it  is  consistent  with  the 
safety  of  the  State ;  and  no  law  to  inflict  cruel 
and  unusual  pains  and  penalties  ought  to 
be  made  in  any  case,  or  at  any  time,  here- 
after. 

Art.  17.   That  retrospective  Laws,  punish-  Retrospective 
ing    acts    committed   before  the   existence   of 
such  Laws,  and  by  them  only  declared  crimi-  2  n.  &  .1, 4i;  4 

^  *^  G.  &  J.  1 ;  12  G. 

nal,  are   oppressive,   unjust'  and   incompatible  ^q^IH^^-^I 
with  liberty;  wherefore,  no  ex  post  facto  Law  Si;  io'Md.S; 

•^  ^  ''  12  Md.   195;    19 

ought  to  be  made ;  nor  any  retrospective  oath  ^^^^-  ^^i- 
or  restriction  be  imposed,  or  required. 

Art.  18.  That  no  Law  to  attaint  particular  Attainder. 
persons  of  treason  or  felony,  ought  to  be  made 
in  any  case,  or  at  any  time,  hereafter. 

Art.  19.  That  every  man,  for  any  injury  Right  to  have 
done  to  him  in  his  person  or  property,  ought  2  Md.  452. 
to  have  reinedy  by  the  course  of  the  Law  of 
the  Land,  and  ought  to  have  justice  and  right, 
freely  without  sale,  fully  without  any  denial, 
and  speedily  without  delay,  according  to  the 
Law  of  the  Land. 

Art.  20.  That  the  trial  of  facts,  where  they  Trial  of  Facta 

.  n       -\  '    '  f*       -\         ■wliere  they 

arise,  is  one  01  the  greatest  securities  01  the  ^'■'^^^' 
lives,  liberties  and  estate  of  the  People. 

Art.  21.  That  in  all  criminal  prosecutions,  crimtnai  proee. 

.     1  1         •      n  cutione. 

every  man  hath  a  right  to  be  informed  of  the 


18 


Declaration  of  Eights. 


Copy  of  Indict- 
ment. 


Counsel  and 
Wituesaea. 


Trial  by  Jury. 
12  Md.  514. 


Evidence 
against  oneself. 
3G.  323; 
7  Md.  416. 


Freemen  not  to 
be  imprisoned. 
2  Md.  429. 


Slavery  abol- 
ished. 
1867,  c.  189. 


Bail,  Fines.  &c. 


Search  War- 
rants. 


accusation  against  him ;  to  have  a  copy  of  the 
Indictment,  or  charge,  in  due  time  (if  required) 
to  prepare  for  his  defense;  to  be  allowed 
counsel;  to  be  confronted  with  the  witnesses 
against  him ;  to  have  process  for  his  witnesses ; 
to  examine  the  witnesses  for  and  against  him 
on  oath ;  and  to  a  speedy  trial  by  an  impar- 
tial jury,  without  whose  unanimous  consent  he 
ought  not  to  be  found  guilty. 

Aet.  22.  That  no  man  ought  to  be  com- 
pelled to  give  evidence  against  himself  in  a 
criminal  case. 

Aet.  23.  That  no  man  ought  to  be  taken 
or  imprisoned  or"  disseized  of  his  freehold, 
liberties  or  privileges,  or  outlawed,  or  exiled, 
or,  in  any  manner,  destroyed,  or  deprived 
of  his  life,  liberty  or  property,  but  by  the 
judgment  of  his  peers,  or  by  the  Law  of  the 
Land. 

Aet.  24.  That  Slavery  shall  not  be  re-es- 
tablished in  this  State ;  but  having  been  abol- 
ished, under  the  policy  and  authority  of  the 
United  States,  compensation,  in  consideration 
thereof,  is  due  from  the  United  States. 

Aet.  25.  That  excessive  bail  ought  not  to 
be  required,  nor  excessive  fines  imposed,  nor 
cruel  or  unusual  punishment  inflicted,  by  the 
Courts  of  Law. 

Aet.  26.  That  all  warrants,  without  oath 
or  affirmation,  to  search  suspected  places,  or 
to  seize  any  person  or  property,  are  grievous 
and   oppressive;    and   all  general  warrants  to 


Declakation  of  Eigijts.  19 

search  suspected  places,  or  to  apprehend  sus- 
pected persons,  without  naming  or  describing 
the  place,  or  the  person  in  special,  are  illegal, 
and  ought  not  to  be  granted. 

Art.    27.    That    no   conviction   shall   work  cormptiot.  of 

..  r»ii         1  n       (*  '  j^  I*         j^j^  Blood  aud  For- 

corruption  oi   blood  or  lorieiture  oi  estate.        feiture. 

Art.  28.    That  a  well  regulated  Militia  is  ^^.^.^.^ 
the    proper    and    natural    defence   of    a    free 
Government. 

Art.  29.    That  standing  Armies  are  danger-  standing 
ous  to  liberty,  and  ought  not  to  be  raised,  or 
kept   up,   without  the   consent   of  the   Legis- 
lature. 

Art.  30.    That  in  all  cases,  and  at  all  times.  Military  aub- 
the  military  ought  to  be  under  strict  subordi-  Poien 
nation  to,  and  control  of,  the  civil  power. 

Art.  31.     That    no    soldier   shall,   in   time  Quartering  of 

Soldiera. 

of  peace,  be  quartered  in  any  house,  without 
the  consent  of  the  owner,  nor  in  time  of 
war,  except  in  the  manner  prescribed  by 
Law. 

Art.  32.     That   no   person   except  regular  ^^^^^  ^^ 
soldiers,    marines,   and    mariners    in    the   ser- 
vice of   this  State,  or  militia,  when  in  actual 
service,  ought,  in  any  case,  to   be  subject  to, 
or  punishable  by  Martial  Law. 

Art.  33.  That  the  independency  and  up-  j^^^^ 
rightness  of  Judges  are  essential  to  the  im- 
partial administration  of  Justice,  and  a  great 
security  to  the  rights  and  liberties  of  the 
People;  Wherefore,  the  Judges  shall  not  be 
removed,  except  in  the  maimer,  and  for  the  uMd.216. 


20 


Declaration  of  Eights. 


1  Md.  368. 


Rotation  in 
Office. 


Holding  Offices' 


Preflents. 


Religious  Lib- 
erty. 


causes,  provided  in  this  Constitution.  No 
Judge  shall  hold  any  other  office,  civil  or 
military,  or  political  trust,  or  employment,  of 
any  kind,  whatsoever,  under  the  Constitution 
or  Laws  of  this  State,  or  of  the  United  States, 
or  any  of  them ;  or  receive  fees,  or  perquisites 
of  any  kind,  for  the  discharge  of  his  official 
duties. 

Art.  34.  That  a  long  continuance  in  the 
Executive  Departments  of  power  or  trust  is 
dangerous  to  liberty;  a  rotation  therefore,  in 
those  Departments  is  one  of  the  best  securi- 
ties of  permanent  freedom. 

Art.  35.  That  no  person  shall  hold,  at  the 
same  time,  more  than  one  office  of  profit, 
created  by  the  Constitution  or  Laws  of  this 
State;  nor  shall  any  person  in  public  trust 
receive  any  present  from  any  foreign  Prince 
or  State,  or  from  the  United  States,  or  any  of 
them,  without  the  approbation  of  this  State. 

A.nT.  36.  That  as  it  is  the  duty  of  every 
man  to  worship  God  in  such  manner  as  he 
thinks  most  acceptable  to  Him,  all  persons 
are  equally  entitled  to  protection  in  their  re- 
ligious liberty ;  wherefore,  no  person  ought, 
by  any  Law  to  be  molested  in  his  person  or 
estate,  on  account  of  his  religious  persuasion, 
or  profession,  or  for  his  religious  practice, 
unless,  under  the  color  of  religion,  he  shall 
disturb  the  good  order,  peace  or  safety  of  the 
State,  or  shall  infringe  the  laws  of  morality, 
or  injure  others  in  their  natural,  civil  or  reli- 


Declaration  of  Rights.  21 

gious  rights ;  nor  ought  any  person  to  be  com- 
pelled to  frequent,  or  maintain,  or  contribute, 
unless  on  contract,  to  maintain,  any  place  of 
worship,  or  any  ministry;  nor  shall  any  per- 
son, otherwise  competent,  be  deemed  incom- 
petent as  a  witness  or  juror,  on  account  of  witnesses. 
his  religious  belief;  provided,  he  believes  in 
the  existence  of  God,  and  that  under  His  dis- 
pensation such  person  will  be  held  morally 
accountable  for  his  acts,  and  be  rewarded  or 
punished  therefor  either  in  this  world  or  the 
world  to  come. 

Aet.  37.  That  no  religious  test  ought  ever  oath  of  office. 
to  be  required  as  a  qualification  for  any  office 
of  profit  or  trust  in  this  State,  other  than  a 
declaration  of  belief  in  the  existence  of  God; 
nor  shall  the  Legislature  prescribe  any  other 
oath  of  office  than  the  oath  prescribed  by  this 
Constitution. 

Art.  38.    That   every   gift,   sale    or   devise  Dicquaiifioa- 

tioii  of  Minis- 

of  land,  to   any  Minister,    Public   Teacher  or  ^-i;;,;' bodies"" 


gious 

Preacher  of  the  gospel,  as  such,  or  to  any  cSSin^pri"^ 
Religious  Sect,  Order  or  Denomination,  or  to, 
or  for  the  support,  use  or  benefit  of,  or  in  trust 
for,  any  Minister,  Public  Teacher  or  Preacher 
of  the  gospel,  as  such,  or  any  Religious  Sect, 
Order  or  Denomination;  and  every  gift  or 
sale  of  goods,  or  chattels,  to  go  in  succession, 
or  to  take  place  after  the  death  of  the  Seller 
or  Donor,  to  or  for  such  support,  use  or  bene- 
fit ;  and  also  every  devise  of  goods  or  chattels 
to  or  for  the   support,  use,  or   benefit  of  any 


22 


Declaration  of  Rights. 


3  M(L  119. 


Administering 
Oaths. 


Liberty  of  the 
Press. 


Monopolies. 


Titles  6{ 
Nobility. 


Duties  of  the 
Legislature. 


Minister,  Public  Teacher  or  Preacher  of  the 
gospel,  as  such,  or  any  Religious  Sect,  Order, 
or  Denomination,  without  the  prior,  or  sub- 
sequent, sanction  of  the  Legislature,  shall  be 
void;  except  always,  any  sale,  gift,  lease  or 
devise  of  any  quantity  of  land,  not  exceeding 
five  acres,  for  a  church,  meeting  house,  or 
other  house  of  worship,  or  parsonage,  or  for 
a  burying  ground,  which  shall  be  improved, 
enjoyed,  or  used  only  for  such  purpose;  or 
such  sale,  gift,  lease,  or  devise  shall  be  void. 

Aet.  39.  That  the  manner  of  administering 
an  oath  of  affirmation  to  any  person,  ought  to 
be  such  as  those  of  the  religious  persuasion, 
profession,  or  denomination,  of  which  he  is  a 
member,  generally  esteem  the  most  effectual 
confirmation  by  the  attestation  of  the  Divine 
Being. 

Art.  40.  That  the  liberty  of  the  press  ought 
to  be  inviolably  preserved ;  that  every  citizen 
of  the  State  ,ought  to  be  allowed  to  speak, 
write  and  publish  his  sentiments  on  all  sub- 
jects, being  responsible  for  the  abuse  of  that 
privilege. 

Art.  41.  That  monopolies  are  odious,  con- 
trary to  the  spirit  of  a  free  government  and 
the  principles  of  commerce,  and  ought  not  to 
be  suffered. 

Art.  42.  That  no  title  of  nobility  or  hered- 
itary honors  ought  to  be  granted  in  this 
State. 

Art.  43.  That  the  Legislature  ought  to 
encourage  the  diffiision  of  knowledge  and  vir- 


Declaration  of  Eights.  23 

tue,  tlie  extension  of  a  judicious  system  of 
general  education,  the  promotion  of  literature, 
the  arts,  sciences,  agriculture,  commerce  alid 
manufactures,  and  the  general  melioration  of 
the  condition  of  the  People. 

Art.  44.  That  the  provisions  of  the  Consti-  constitutions 
tution  of  the  United  States,  and  of  this  State,  andPeiu;e. 
apply,  as  well  in  time  of  war,  as  in  time  of 
peace;  and  any  departure  therefrom,  or  vio- 
lation thereof,  under  the  pjea  of  necessity,  or 
any  other  plea,  is  subversive  of  good  Govern- 
ment, and  tends  to  anarchy  and  despotism. 

Art.  45.  This  enumeration  of  Rights  shall  Rights  retained 

,  .  .  ,  1  ^y  *^^'®  Peopla 

not   be   construed    to   impair   or   deny   others  261.99,209. 
retained  by  the  People. 


•     CONSTITUTION 


ARTICLE  I. 


Elective  Franchise. 


Elections  by 
ballot. 


Qualifications 
of  Voters. 


18  Md.  479. 
22  Md.  171. 


Section  1.  All  elections  shall  be  by  ballot; 
and  every  white  male  citizen  of  the  United 
States,  of  the  age  of  twenty-one  years,  or  up- 
wards, who  has  been  a  resident  of  the  State 
for  one  year,  and  of  the  Legislative  District  of 
Baltimore  City,  or  of  the  county,  in  which  he 
*  may  offer  to  vote,  for  six  months  next  preced- 
ing the  election,  shall  be  entitled  to  vote,  in 
the  ward  or  election  district,  in  which  he  re- 
sides^ at  all  elections  hereafter  to  be  held  in 
this  State ;  and  in  case  any  county,  or  city, 
shall  be  so  divided  as  to  form  portions  of  dif- 
ferent electoral  districts,  for  the  election  of 
Representatives  in  Congress,  Senators,  Dele- 
gates, or  other  Officers,  then,  to  entitle  a  per- 
son to  vote  for  such  officer,  he  must  have  been 
a  resident  of  that  part  of  the  county,  or  city, 
which  shall  form  a  part  of  the  electoral  dis- 
trict, in  which  he  offers  to  vote,  for  six  months 
next  preceding  the  election ;  but  a  person, 
who  shall  have  acquired  a  residence  in  such 
county,  or  city,  entitling   him   to  vote  at   any 


24 


Art.  1.]  State  of  Maryland.  25 

such  election,  shall  be  entitled  to  vote  in  the 
election  district  from  which  he  removed,  until  Removals. 
he  shall  have  acquired  a  residence  in  the  part 
of  the  county,  or  city,  to  which  he   has   re- 
moved. 

Sec.  2.  No  person  above  the  age  of  twenty-  wsquaimca- 
one  years,  convicted  of  larceny,  or  other  in- 
famous crime,  unless  pardoned  by  the  Gov- 
ernor, shall  ever  thereafter  be  entitled  to  vote 
at  any  election  in  this  State ;  and  no  person 
under  guardianship,  as  a  lunatic,  or,  as  a  per- 
son non  compos  mentis^  shall  be  entitled  to  vote. 

Sec.  3.  If  any  person  shall  give,  or  offer  to  ^^-^^^^y- 
give,  directly  or  indirectly,  any  bribe,  present, 
or  reward,  or  any  promise,  or  any  security  for 
the  payment,  or  the  delivery  of  money,  or  any 
other  thing,  to  induce  any  voter  to  refrain 
from  casting  his  vote,  or  to  prevent  him,  in 
any  way,  from  voting,  or  to  procure  a  vote  for 
any  candidate,  or  person  proposed,  or  voted 
for,  as  Elector  of  President  and  Vice-Presi- 
dent of  the  United  States,  or  Representative 
in  Congress,  or  for  any  office  of  profit  or  trust, 
created  by  the  Constitution  or  Laws  of  this 
State,  or  by  the  Ordinances,  or  Authority  of 
the  Mayor  and  City  Council  of  Baltimore,  the 
person  giving,  or  offering  to  give,  and  the 
person  receiving  the  same,  and  any  person, 
who  gives,  or  causes  to  be  given,  an  illegal 
vote,  knowing  it  to  be  such,  at  any  election 
to  be  hereafter  held  in  this  State,  shall,  on 
conviction  in  a  Court  of  Law,  in  addition  to  I'enaities. 


26 


Constitution  of  the 


[Art.  1, 


Punishment 
for  Illegal 
Voting. 
1863,  c.  133. 


the  penalties  now,  or  hereafter  to  be,  imposed 
by  Law,  be  forever  disqualified  to  hold  any 
office  of  profit  or  trust,  or  to  vote  at  any  elec- 
tion thereafter. 

Sec.  4.  It  shall  be  the  duty  of  the  General 
Assembly  to  pass  Laws  to  punish,  with  fine 
and  imprisonment,  any  person  who  shall  re- 
move into  any  election  district,  or  precinct  of 
any  ward  of  the  City  of  Baltimore,  not  for  the 
purpose  of  acquiring  a  bona  fide  residence 
therein,  but  for  the  purpose  of  voting  at  an 
approaching  election,  or,  who  shall  vote  in 
any  election  district,  or  ward,  in  which  he 
does  not  reside,  (except  in  the  case  provided 
for  in  this  article,)  or  shall,  at  the  same  elec- 
tion, vote  in  more  than  one  election  district, 
or  precinct,  or  shall  vote,  or  offer  to  vote,  in 
any  name  not  his  own,  or  in  place  of  any 
other  person  of  the  same  name,  or  shall  vote 
in  any  county,  in  which  he  does  not  reside. 
Registration.  Sec.  5.    Thc   Gcucral  Assembly   shall  pro- 

1867;  c.'3:iW  1866,  yldc  by  Law  for  a  uniform  Registration  of  the 
17;  22  Md.  176.  ^amcs  of  all  the  voters  in  this  State,  who 
possess  the  qualifications  prescribed  in  this 
Article,  w];iich  Registration  shall  be  conclu- 
sive evidence  to  the  Judges  of  election  of  the 
right  of  every  person,  thus  registered,  to  vote 
at  any  election  thereafter  held  in  this  State ; 
but  no  person  shall  vote  at  any  election.  Fed- 
eral or  State,  hereafter  to  be  held  in  this 
State,  or  at  any  municipal  election  in  the  City 
of  Baltimore,  unless  his  name  appears  in  the 


Art.  1.]  State  of  Maryland.  27 

list  of  registered  voters ;  and  until  the  Gene- 
ral Assembly  shall  hereafter  pass  an  Act  for 
the  Registration  of  the  names  of  voters,  the 
Law  in  force  on  the  first  day  of  June,  in  the 
year  eighteen  hundred  and  sixty-seven,  in 
reference  thereto,  shall  be  continued  in  force, 
except  so  far  as  it  may  be  inconsistent  with 
the  provisions  of  this  Constitution;  and  the 
registry  of  voters,  made  in  pursuance  thereof, 
may  be  corrected,  as  provided  in  said  Law; 
but  the  names  of  all  persons  shall  be  added 
to  the  list  of  qualified  voters  by  the  officers  of 
Registration,  who  have  the  qualifications  pre- 
scribed in  the  first  section  of  this  Article,  and 
who  are  not  disqualified  under  the  provisions 
of  the  second  and  third  sections  thereof. 

Sec.  6.    Every  person  elected,  or  appointed,  oathofoffice. 
to  any  office  of  profit  or  trust,  under  this  Con-  JfSf4Md.m' 
stitution,  or  under   the  Laws,  made  pursuant 
thereto,  shall,  before  he  enters  upon  the  duties 
of  such  office,  take  and  subscribe  the  follow- 
ing oath,  or  affirmation ;  I, ,  do  swear,  (or 

affirm,  as  the  case  may  be,)  that  I  will  sup- 
port the  Constitution  of  the  United  States; 
and  that  I  will  be  faithful  and  bear  true  alle- 
giance to  the  State  of  Maryland,  and  support 
the  Constitution  and  Laws  thereof;  and  that 
I  will,  to  the  best  of  my  skill  and  judgment, 
diligently  and  faithfully,  without  partiality 
or  prejudice,  execute  the  office  of ,  accord- 
ing to  the  Constitution  and  Laws  of  this  State, 
(and,  if  a  Governor,  Senator,  Member  of  the 


28 


Constitution  of  the 


[Art.  2. 


New  Election 
on  Refusal  to 
take  Oath. 


House  of  Delegates,  or  Judge,)  that  I  will  not 
directly  or  indirectly,  receive  the  profits  or 
any  part  of  the  profits,  of  [of]  any  other  office 

during  the  term  of  my  acting  as  . 

Sec.  7.  Every  person,  hereafter  elected,  oi 
appointed,  to  office,  in  this  State,  who  shall 
refuse,  or  neglect,  to  take  the  oath,  or  affirma- 
tion of  office,  provided  for  in  the  sixth  section 
of  this  Article,  shall  be  considered  as  having 
refused  to  accept  the  said  office;  and  a  new 
election,  or  appointment,  shall  be  made,  as  in 
case  of  refusal  to  accept,  or  resignation  of  an 
office;  and  any  person,  violating  said  oath, 
shall,  on  conviction  thereof,  in  a  Court  of  Law, 
in  addition  to  the  penalties  now,  or  hereafter, 
to  be  imposed  by  Law,  be  thereafter  incapable 
of  holding  any  office  of  profit  or  trust  in  this 
State. 


AKTICLE  II 


Executive  Department. 


Governor's 
Term  of  Office. 
22  Md.  183. 


Section  1.  The  Executive  Power  of  the 
State  shall  be  vested  in  a  Governor,  whose 
term  of  office  shall  commence  on  the  second 
Wednesday  of  January  next  ensuing  his  elec- 
tion, and  continue  for  four  years,  and  until 
his  successor  shall  have  qualified;  but  the 
Governor  chosen  [d]  at  the  first  election  under 
this   Constitution,   shall    not    enter    upon    the 


Abt.  2.]  State  of  Maryland.  29 

discharge  of  tlie  duties  of  the  office  until  the 
expiration  of  the  term  for  which  the  present 
incumbent  was  elected;  unless  the  said  office 
shall  become  vacant  by  death,  resignation, 
removal  from  the  State,  or  other  disqualifica- 
tion of  the  said, incumbent. 

Sec.  2.   An   election   for    Governor,    under  Time,  place  and 

.        /->j  •  .  ini  lit  1  rr\  manner  of 

this  Constitution,  shall  be  held  on  the  Tues-  electing  gov- 

'  ernor. 

day  next  after  the  first  Monday  of  November,  i^^s,  c.  m. 
in  the  year  eighteen  hundred  and  sixty-seven, 
and  on  the  same  day  and  month  in  every 
fourth  year  thereafter,  at  the  places  of  Voting 
for  Delegate  to  the .  General  Assembly ;  and 
every  person  qualified  to  vote  for  Delegates, 
shall  be  qualified  and  entitled  to  vote  for 
Governor ;  the  election  to  be  held  in  the  same 
manner  as  the  election  of  Delegates,  and  the 
returns  thereof,  under  seal,  to  be  addressed  to 
the  Speaker  of  the  House  of  Delegates,  and 
enclosed  and  transmitted  to  the  Secretary  of 
State,  and  delivered  to  said  Speaker  at  the 
commencement  of  the  session  of  the  General 
Assembly,  next  ensuing  said  election. 

Sec.  8.    The  Speaker  of  the  House  of  Dele-  Plurality  to. 

\  -^  elect. 

gates  shall  then  open  the  said  Returns,  in  isse.c.iss-, 
the  presence  of  both  Houses ;  and  the  person 
having  the  highest  number  of  votes,  and  being 
constitutionally  eligible,  shall  be  the  Gov- 
ernor, and  shall  qualify,  in  the  manner  herein 
prescribed,  on  the  second  Wednesday  of  Janu- 
ary next  ensuing  his  election,  or  as  soon  there- 
after as  may  be  practicable. 
3 


30  Constitution  of  the  [Art.  2. 


Case  of  tie  Sen-       Sec.  4.    If  two  OP  111016  peisoiis  shall  have 

ate  and  House  J- 

to  choose.  ^j^g  highest  and  an  equal  number  of  votes 
for  Governor,  one  of  them  shall  be  chosen 
Governor  by  the  Senate  and  House  of  Dele- 

Honse  to  deter-    gatcs ;   aud   all   questions   in   relation    to    the 

mine  questions  ,     ,     .    . 

of  eligibility,  &c.  eligibility  of  Governor,  and  to  the  returns  of 
said  election,  and  to  the  number  and  legality 
of  votes  therein  given,  shall  be  determined 
by  the  House  of  Delegates ;  and  if  the  per- 
son, or  persons,  having  the  highest  number 
of  votes,  be  ineligible,  the  Governor  shall  be 
chosen  by  the  Senate  and  House  of  Dele- 
gates. Every  election  of  Governor  by  the 
General  Assembly  shall  be  determined  by  a 
joint  majority  of  the  Senate   and  House   of 

Vote  viTa  voce    Deleg-ates  I  and  the  vote  shall  be  taken  wa 

and  jointly.  *-' 

voce.  But  if  two  or  more  persons  shall  have 
the  highest  and  an  equal  number  of  votes, 
then,  a  second  vote  shall  be  taken,  which  shall 
be  confined  to  the   persons  having  an  equal 

ca^eoftie  uumbcr ;  and  if  the  vote  should  again  be 
equal,  then  the  election  of  Governor  shall  be 
determined  by  lot  between  those,  who  shall 
have  tiie  highest  and  an  equal  number  on 
the  first  vote. 

Qualification  of  Sec.  5.  A  pcrsou  to  bs  eligible  to  the  office 
of  Governor,  must  have  attained  the  age  of 
thirty  years,  and  must  have  been  for  ten 
years  a  citizen  of  the  State  of  Maryland,  and 
for  five  years  next  preceding  his  election,  a 
resident  of  the  State,  and,  at  the  time  of  his 
election,  a  qualified  voter  therein. 


Governor. 


Art.  2.]  State  of  Maryland.  31 

Sec.  6.  In  case  of  the  death,  or  resignation  in  case  of  death 

'  c5  &c.  General  As- 

of  the  Governor,  or  of  his  removal  from  the  «*^"^i>'^  ^o  elect. 
State,  or  other  disqualification,  the  General 
Assembly,  if  in  session,  or  if  not,  at  their 
next  session,  shall  elect  some  other  qualified 
person  to  be  Governor  for  the  residue  of  the 
term  for  which  the  said  Governor  had  been 
elected. 

Sec.  7.  In  case  of  any  vacancy  in  the  office  i^  case  of 

•^  •/  vacancy  during 

of  Governor,  during  the  recess  of  the  Legisla-  den7o/senate 
ture,  the  President  of  the  Senate  shall  dis- 
charge the  duties  of  said  office,  until  a  Gov- 
ernor is  elected,  as  herein  provided  for;  and 
in  case  of  the  death  or  resignation  of  the  said 
President,  or  of  his  removal  from  the  State, 
or  of  his  refusal  to  serve,  then  the  duties  of 
said  office  shall,  in  like  manner,  and  for  the 
same  interval,  devolve  upon  the  Speaker  of 
the  House  of  Delegates.  And  the  Legislature 
may  provide  by  Law,  for  the  impeachment  of  impeachment, 
the  Governor ;  and  in  case  of  his  conviction, 
or  his  inability,  may  declare  what  person 
shall  perform  the  Executive  duties;  and  for 
any  vacancy  in  said  office  not  herein  provided 
for,  provision  may  be  made  by  Law ;  and  if 
such  vacancy  should  occur  without  such  pro- 
vision being  made,  the  Legislature  shall  be 
convened  by  the  Secretary  of  State  for  the 
purpose  of  filling  said  vacancy. 

Sec.  8.   The  Governor   shall  be  the  Com-  Governor  to  be 
mander-in-Chief  of  the  land  and  naval  forces  chSrbStnor 

to  command  in 

of  the  State ;  and  may  call  out  the  Militia  to  p*"°°- 


32 


Constitution  of  the 


[Aet.  2. 


His  daties. 


Appointments. 
7  Md.  161. 
14  Md.  215. 


Appointments 
during  recess. 
2  Md.  341. 
14  Md.  215 
1862,  c.  68. 


Persons 
rejected  not  to 
be  appointed. 


repel  invasions,  suppress  insurrections,  and 
enforce  the  execution  of  the  Laws ;  but  shall 
not  take  the  command  in  person,  without  the 
consent  of  the  Legislature. 

Sec.  9.  He  shall  take  care  that  the  Laws 
are  faithfully  executed. 

Sec.  10.  He  shall  nominate,  and,  by  and 
with  the  advice  and  consent  of  the  Senate, 
appoint  all  civil  and  military  officers  of  the 
State,  whose  appointment,  or  election,  is  not 
otherwise  herein  provided  for;  unless  a  dif- 
ferent mode  of  appointment  be  prescribed  by 
the  Law  creating  the  office. 

Sec.  11.  In  case  of  any  vacancy,  during  the 
recess  of  the  Senate,  in  any  office  which  the 
Governor  has  power  to  fill,  he  shall  appoint 
some  suitable  person  to  said  office,  whose 
commission  shall  continue  in  force  until  the 
end  of  .the  next  session  of  the  Legislature,  or 
mtil  some  other  person  is  appointed  to  the 
same  office,  whichever  shall  first  occur;  and 
the  nomination  of  the  person  thus  appointed, 
during  the  recess,  or,  of  some  other  person  in 
his  place,  shall  be  made  to  the  Senate  within 
thirty  days  after  the  next  meeting  of  the 
Legislature. 

Sec.  12.  Ko  person,  after  being  rejected  by 
the  Senate,  shall  bfe  again  nominated  for  the 
same  office  at  the  same  session,  unless  at  the 
request  of  the  Senate ;  or,  be  appointed  to  the 
same  office  during  the  recess  of  the  Legis- 
lature. 


Art.  2.]  State  of  Maryland.  38 

Sec.  13.  All  civil  officers  appointed  by  the  Time  of  Nomi- 
Governor  and  Senate,  shall  be  nominated  to 
the  Senate  within  fifty  days  from  the  com- 
mencement of  each  regular  session  of  the 
Legislature;  and  their  term  of  office,  except 
in  cases  otherwise  provided  for  in  this  Con- 
stitution, shall  commence  on  the  first  Monday 
of  May  next  ensuing  their  appointment,  and 
continue  for  two  years  (unless  removed  from 
office)  and  until  their  successors,  respectively, 
qualify  according  to  Law;  but  the  term  of  Termofoffice. 
office  of  the  Inspectors  of  Tobacco  shall  com- 
mence on  the  first  Monday  of  March  next 
ensuing  their  appointment. 

Sec.  14.  If  a  vacancy  shall  occur,  during  vacaucy 
the  session  of  the  Senate,  in  any  office  which  ^^'''"''• 
the  Governor  and  Senate  have  the  power  to 
fill,  the  Governor  shall  nominate  to  the  Senate 
before  its  final  adjournment,  a  proper  person 
to  fill  said  vacancy,  unless  such  vacancy 
occurs  within  ten  days  before  said  final  ad- 
journment. 

Sec.  15.  The  Governor  may  suspend,  or  courts  Martial. 
arrest  any  military  officer  of  the  State  for  dis- 
obedience of  orders,  or  other  military  offence ; 
and  may  remove  him  in  pursuance  of  the 
sentence  of  a  Court  Martial ;  and  may  remove 
for  incompetency,  or  misconduct,  all  civil 
officers  who  received  appointment  from  the 
Executive  for  a  term  of  years. 

Sec.  16.   The  Governor  shall   convene  the  Extra  sessions 
Legislature,  or  the  Senate   alone,  on  extraor-  ° 


34 


Constitution  of  the 


[Aet.  2. 


Veto  power. 


Three-fifths   of 
each  House 
may  pass  a 
vetoed  bill. 


Yeas  and  Nays. 


Veto  within 
six  days. 


dinary  occasions ;  and  whenever  from  the  pre- 
sence of  an  enemy,  or  from  any  other  cause, 
the  Seat  of  Government  shall  become  an  un- 
safe place  for  the  meeting  of  the  Legislature, 
he  may  direct  their  sessions  to  be  held  at 
some  other  convenient  place. 

Sec.  17.  To  guard  against  hasty  or  partial 
legislation,  and  encroachments  of  the  Legisla- 
tive Department  upon  the  co-ordinate  Execu- 
tive and  Judicial  Departments,  every  Bill 
which  shall  have  passed  the  House  of  Dele- 
gates and  the  Senate,  shall,  before  it  becomes 
a  Law,  be  presented  to  the  Governor  of  the 
State ;  if  he  approve,  he  shall  sign  it ;  but  if 
not,  he  shall  return  it,  with  his  objections, 
to  the  House  in  which  it  originated,  which 
House  shall  enter  the  objections  at  large  on 
its  Journal,  and  proceed  to  re-consider  the 
Bill ;  if,  after  such  re-consideration,  three- 
fifths  of  the  members  elected  to  that  House 
shall  pass  the  Bill,  it  shall  be  sent,  with  the 
objections  to  the  other  House,  by  which  it 
shall  likewise  be  re-considered,  and  if  passed 
by  three-fifths  of  the  members  elected  to  that 
House,  it  shall  become  a  Law.  But,  in  all 
such  cases,  the  votes  of  both  Houses  shall  be 
determined  by  yeas  and  nays ;  and  the  names 
of  the  persons  voting  for  and  against  the  Bill, 
shall  be  entered  on  the  Journal  of  each  House, 
respectively.  If  any  Bill  shall  not  be  returned 
by  the  Governor  within  six  days,  (Sundays 
excepted)    after  it  shall   have  been  presented 


Akt.  2.]  State  of  Maryland.  35 

to  him,  the  same  shall  be  a  Law  in  like 
manner  as  if  he  signed  it;  unless  the  Gen- 
eral Assembly  shall,  by  adjournment,  pre- 
vent its  return,  in  which  case  it  shall  not  be 
a  Law. 

Sec.  18.  It  shall  be  the  duty  of  the  Gov-  Governor  to 

•'  examine  Trea- 

ernor,  semi-annually  (and  oftener,  if  he  deem  ^"'•y  **=<=«"'^*«- 
it  expedient)  to  examine  under  oath  the  Trea- 
surer and  Comptroller  of  the  State  on  all  mat- 
ters pertaining  to  their  respective  offices;  and 
inspect  and  review  their  Bank  and  other  Ac- 
count Books. 

Sec.  19.   He  shall,  from   time   to  time,  in-  Recommenda- 

'  '  tions. 

form  the  Legislature  of  the  condition  of  the 
State  and  recommend  to  their  consideration 
such  measures  as  he  may  judge  necessary 
and  expedient. 

Sec.  20.    He   shall    have    power  to    2:rant  pardoning 

■*■  °  power. 

reprieves  and  pardons,  except  in  cases  of  im- 
peachment, and  in  cases,  in  which  he  is  pro- 
hibited by  other  Articles  of  this  Constitution ; 
and  to  remit  fines  and  forfeitures  for  offences 
against  the  State;  but  shall  not  remit  the 
principal,  or  interest  of  any  debt  due  the 
State,  except,  in  cases  of  fines  and  forfeitures ; 
and  before  granting  a  nolle  prosequi,  or  par- 
don, he    shall    give   notice,   in   one   or  more  Notice  in  news- 

'  o  ^  papers. 

newspapers,  of  the  application  made  for  it, 
and  of  the  day  on,  or  after  which,  his  deci- 
sion will  be  given ;  and  in  every  case,  in 
which  he   exercises  this   power,  he   shall  re-  Reports  to 

■••  Legislature. 

port    to    either    Branch    of   the    Legislature, 


36 


Constitution  of  the 


[Art.  2 


Residence  and 
Salary. 


A  Secretary  of 
State. 

1853,  c.  448. 
1858,  c.  32. 


His  duties. 


whenever  required,  the  petitions,  recommen- 
dations, and  reasons,  which  influenced  his 
decision. 

Sec.  21.  The  Governor  shall  reside  at  the 
Seat  of  Government,  and  receive  for  his  ser- 
vices an  annual  salary  of  Four  Thousand 
Five  Hundred  dollars. 

Sec.  22.  A  Secretary  of  State  shall  be  ap- 
pointed by  the  Governor,  by  and  with  the 
advice  and  consent  of  the  Senate,  who  shall 
continue  in  office,  unless  sooner  removed  by 
the  Governor,  till  the  end  of  the  official 
term  of  the  Governor  from  whom  he  re- 
ceived his  appointment,  and  receive  an  an- 
nual salary  of  Two  Thousand  dollars,  and 
shall  reside  at  the  Seat  of  Government ;  and 
the  office  of  Private  Secretary  shall  thence- 
forth cease. 

Sec.  23.  The  Secretary  of  State  shall  care- 
fully keep  and  preserve  a  Eecord  of  all  official 
acts  and  proceedings,  which  may  at  all  times 
be  inspected  by  a  committee  of  either  Branch 
of  the  Legislature;  and  he  shall  perform  such 
other  duties  as  may  be  prescribed  by  Law,  or 
as  may  properly  belong  to  his  office,  together 
with  all  clerical  duty  belonging  to  the  Execu- 
tive Department. 


Art.  3.]  State  of  Maryland.  37 


AKTICLE    III. 

Legislative   Department. 

Section  1.  The  Legislature  shall  consist  of  two  Branches 
two  distinct  Branches ;  a  Senate,  and  a  House 
of  Delegates,  and  shall  be  styled  the  General  style. 
Assembly  of  Maryland. 

Sec.  2.  Each  County  in  the  State,  and  each  Election  of 

n    -r^    1    •  Senators. 

of  the  three  Legislative  Districts  of  Baltimore 
City,  as  they  are  now,  or  may  hereafter  be 
defined,  shall  be  entitled  to  one  Senator,  who 
shall  be  elected  by  the  qualified  voters  of  the 
Counties,  and  of  the  Legislative  Districts  of 
Baltimore  City,  respectively,  and  shall  serve 
for  four  vears  from  the  date  of  his  election.  Term  four 

'^  years. 

subject  to  the  classification  of  Senators,  here- 
after provided  for. 

Sec.  3.  Until  the  taking  and  publishins:  of  Representation 

*-'■'-  *^  in  House  of 

the  next  National  Census,  or  until  the  enu-  ^ett^^^l^sif'^ 
meration  of  the  population  of  this  State,  under 
the  Authority  thereof,  the  several  Counties, 
and  the  City  of  Baltimore,  shall  have  rep- 
resentation in  the  House  of  Delegates,  as 
follows:  Alleghany  County,  five  Delegates; 
Anne  Arundel  County,  three  Delegates;  Bal- 
timore County,  six  Delegates ;  each  of  the 
three  Legislative  Districts  of  the  City  of  Bal- 
timore, six  Delegates ;  Calvert  County,  two 
Delegates;  Caroline  County,  two  Delegates; 
Carroll  County,  four  Delegates ;  Cecil  County, 


38  Constitution  of  the  [Aet.  3. 

four  Delegates;  Charles  County,  two  Dele- 
gates; Dorchester  County,  three  Delegates; 
Frederick  County,  six  Delegates;  Harford 
County,  four  Delegates;  Howard  County,  two 
Delegates  ;  Kent  County,  two  Delegates ; 
Montgomery  County,  three  Delegates;  Prince 
George's  County,  three  Delegates;  Queen 
Anne's  County,  two  Delegates;  Saint  Mary's 
County,  two  Delegates ;  Somerset  County, 
three  Delegates;  Talbot  County,  two  Dele- 
gates; Washington  County,  five  Delegates; 
and  Worcester  County,  three  Delegates. 
Basis  of  Repre-        gEC.  4.  As  soou  as  mav  be  after  the  takina: 

sentation  in  Jo 

Delegates.  and  publishing  of  the  next  National  Census, 
or  after  the  enumeration  of  the  population  of 
this  State,  under  the  Authority  thereof,  there 
shall  be  an  apportionment  of  representation 
in  the  House  of  Delegates,  to  be  made  on  the 
following  basis,  to  wit:  Each  of  the  several 
•Counties  of  the  State,  having  a  population  of 
eighteen  thousand  souls,  or  less,  shall  be  en- 
titled to  two  Delegates;  and  every  County, 
having  a  population  of  over  eighteen  thou- 
sand, and  less  than  twenty-eight  thousand 
souls,  shall  be  entitled  to  three  Delegates; 
and  every  County,  having  a  population  of 
twenty-eight  thousand,  and  less  than  forty 
thousand  souls,  shall  be  entitled  to  four  Dele- 
gates; and  every  County,  having  a  popula- 
tion of  forty  thousand,  and  less  than  fifty-five 
thousand  souls,  shall  be  entitled  to  five  Dele- 
gates ;  and  every  County,  having  a  population 


Art.  3.]  State  of  Maryland.  39 

of  fifty -five  thousand  souls,  and  upwards, 
shall  be  entitled  to  six  Delegates,  and  no 
more ;  and  each  of  the  three  Legislative  Dis- 
tricts of  the  City  of  Baltimore  shall  be  enti- 
tled to  the  number  of  Delegates  to  which  the 
largest  County  shall,  or  may  be  entitled, 
under  the  aforegoing  apportionment.  And 
the  General   Assembly   shall    have    power  to  ^^f^^^^^*jT« 


Districts  in 
Baltimore 


provide  by  Law,  from  time  to  time,  for  alter-  cuy  may\o 
ing  and  changing  the  boundaries  of  the  three 
existing  Legislative  Districts  of  the  City  of 
Baltimore,  so  as  to  make  them,  as  near  as 
may  be,  of  equal  population;  but  said  Dis- 
tricts shall  always  consist  of  contiguous  ter- 
ritory. 

Sec.  5.   Immediately  after  the  taking   and  Governor  to 

•z  o  arrange  the 

publishing  of  the  next  National  Census,  or  «^cr"" 
after  any  State  enumeration  of  population, 
as  aforesaid,  it  shall  be  the  duty  of  the  Gov- 
ernor, then  beingy  to  arrange  the  Bepresenta- 
tion  in  said  House  of  Delegates,  in  accordance 
with  the  apportionment  herein  provided  for; 
and  to  declare,  by  Proclamation,  the  number  p,.ociamation. 
of  Delegates,  to  which  each  County,  and  the 
City  of  Baltimore  may  be  entitled,  under  such 
apportionment ;  and  after  every  National  Cen- 
sus taken  thereafter,  or  after  any  State  enu- 
meration of  population,  thereafter  made,  it 
shall  be  the  duty  of  the  Governor,  for  the 
time  being,  to  make  similar  adjustment  of 
Eepresentation,  and  to  declare  the  same  by 
Proclamation,  as  aforesaid. 


40 


Constitution  of  the 


[Art.  3, 


Election  of 
Delegates. 


Term  two 

years. 


Time  of 
Elections. 


Classification 
of  Senators. 


Qualifications 
of  Senators  and 
Delegates. 
4  H.  &  M'H.  279. 


Sec.  6.  The  members  of  the  House  of  Dele- 
gates shall  be  elected  by  the  qualified  voters 
of  the  Counties,  and  the  Legislative  Districts 
of  Baltimore  City,  respectively,  to  serve  for 
two  years,  from  the  day  of  their  election. 

Sec.  7.  The  first  election  for  Senators  and 
Delegates  shall  take  place  on  the  Tuesday 
next,  after  the  first  Monday  in  the  month 
of  November,  eighteen  hundred  and  sixty- 
seven  ;  and  the  election  for  Delegates,  and  as 
nearly  as  practicable,  for  one-half  of  the  Sen- 
ators, shall  be  held  on  the  same  day,  in  every 
second  year  thereafter. 

Sec.  8.  Immediately  after  the  Senate  shall 
have  convened,  after  the  first  election,  under 
this  Constitution,  the  Senators  shall  be  divided 
by  lot,  into  two  classes,  as  nearly  equal  in  num- 
ber as  may  be — Senators  of  the  first  class  shall 
go  out  of  ofiice  at  the  expiration  of  two  years, 
-and  Senators  shall  be  elected  on  the  Tuesday 
next  after  the  first  Monday  in  the.  month  of 
November,  eighteen  hundred  and  sixty-nine, 
for  the  term  of  four  years,  to  supply  their 
places;  so  that,  after  the  first  election,  one- 
half  of  the  Senators  may  be  chosen  every 
second  year.  In  case  the  number  of  Senators 
be  hereafter  increased,  such  classification  of 
the  additional  Senators  shall  be  made  as  to 
preserve,  as  nearly  as  may  be,  an  equal  num- 
ber in  each  class. 

Sec.  9.  No  person  shall  [be]  eligible  as  a 
Senator  or  Delegate,  who  at  the  time  of  his 


Art.  3.]  State  of  Maryland.  41 

election,  is  not  a  citizen  of  the  State  of  Mary- 
land, and  who  has  not  resided  therein,  for  at 
least  three  years,  next  preceding  the  day  of 
his  election,  and  the  last  year  thereof,  in  the 
County,  or  in  the  Legislative  District  of  Bal- 
timore City,  which  he  may  be  chosen  to  rep- 
resent, if  such  County,  or  Legislative  Dis- 
trict of  said  City,  shall  have  been  so  long 
established;  and  if  not,  then  in  the  County, 
or  City,  from  which,  in  whole,  or  in  part, 
the  same  may  have  been  formed;  nor  shall 
any  person  be  eligible  as  a  Senator,  unless 
he  shall  have  attained  the  age  of  twenty-five 
years,  nor  as  a  Delegate,  unless  he  shall  have 
attained  the  age  of  twenty-one  years,  at  the 
time  of  his  election. 

Sec.  10.  No  member  of  Congress,  or  person  Persona  ineii- 
holding  any  civil  or  military  office  under  the  i853,c.28o. 
United  States,  shall  be  eligible  as  a  Senator, 
or  Delegate ;  and  if  any  person  shall  after  his 
election  as  Senator,  or  Delegate,  be  elected 
to  Congress,  or  be  appointed  to  any  office, 
civil,  or  military,  under  the  Government  of 
the  United  States,  his  acceptance  thereof,  shall 
vacate  his  seat. 

Sec.  11.  No  Minister  or  Preacher  of  the 
Gospel,  or  of  any  religious  creed,  or  denomi- 
nation, and  no  person  holding  any  civil  office 
of  profit,  or  trust,  under  this  State,  except 
Justices  of  the  Peace,  shall  be  eligible  as 
Senator,  or  Delegate. 

Sec.  12.  No  Collector,  Keceiver,  or  Holder  Defaulters 

_  ineligible, 

ol  public  money  shall  be  eligible  as  Senator  ^^^^''^•i^- 


VacancieB  in 
Senate  or 
House. 


42  Constitution  of  the  [Art.  3. 

or  Delegate,  or  to  any  office  of  profit,  or  trust, 
under  this  State,  until  he  shall  have  accounted 
for,  and  paid  into  the  Treasury  all  sums  on 
the  Books  thereof  charged  to,  and  due  by  him. 
Sec.  13.  In  case  of  death,  disqualification, 
resignation,  refusal  to  act,  expulsion,  or  re- 
moval from  the  county,  or  city,  for  which  he 
shall  have  been  elected,  of  any  person,  who 
shall  have  been  chosen  as  a  Delegate,  or  Sena- 
tor, or  in  case  of  a  tie  between  two  or  more 
such  qualified  persons,  a  warrant  of  election 
shall  be  issued  by  the  Speaker  of  the  House 
of  Delegates,  or  President  of  the  Senate,  as 
the  case  may  be,  for  the  election  of  another 
person  in  his  place,  of  which  election,  not  less 
than  ten  days  notice  shall  be  given,  exclusive 
of  the  day  of  the  publication  of  the  notice, 
and  of  the  day  of  election ;  and,  if  during  the 
recess  of  the  Legislature,  and  more  than  ten 
days  before  its  termination,  such  death  shall 
occur,  or  such  resignation,  refusal  to  act,  or 
disqualification  be  communicated,  in  writing 
to  the  Governor  by  the  person,  so  resigning, 
refusing,  or  disqualified,  it  shall  be  the  duty 
of  the  Governor  to  issue  a  warrant  of  election 
to  supply  the  vacancy  thus  created,  in  the 
same  manner,  the  said  Speaker,  or  President, 
might  have  done,  during  the  session  of  the 
General  Assembly;  provided,  however,  that 
unless  a  meeting  of  the  General  Assembly  may 
intervene,  the  election,  thus  ordered  to  fill  such 
vacancy,  shall  be  held  on  the  day  of  the  ensu- 
ing election  for  Delegates  and  Senators. 


Art.  3.]  State  of  Maryland.  43 

Sec.  14.   The  General  Assembly  shall   meet  Meetings  of 

*'  Legislature. 

on  the  first  Wednesday  of  January,  eighteen 
hundred  and  sixty-eight,  and  on  the  same 
day  in  every  second  year  thereafter,  and  at 
no  other  time,  unless  convened  by  proclama- 
tion of  the  Governor. 

Sec.  15.    The  General  Assembly  may   con-  compensation 

of  Members. 

tinue  its  Session  so  long  as,  in  its  judgment  i864,res.4. 
the  public  interest  may  require,  for  a  period 
not  longer  than  ninety  days;  and  each  mem- 
ber thereof,  shall  receive  a  compensation  of 
five  dollars  per  diem,  for  every  day  he  shall 
attend  the  session;  but  not  for  such  days  as 
he  may  be  absent,  unless  absent  on  account  of 
sickness,  or  by  leave  of  the  House  of  which 
he  is  a  member;  and  he  shall  also  receive 
such  mileage  as  may  be  allowed  by  Law, 
not  exceeding  twenty  cents  per  mile;  and 
the  Presiding  officer  of  each  House  shall 
receive  an  additional  compensation  of  three 
dollars  per  day.  When  the  General  Assem-  Extra  sessiona. 
bly  shall  be  convened  by  Proclamation  of 
the  Governor,  the  session  shall  not  continue 
longer  than  thirty  days;  and  in  such  case, 
the  compensation  shall  be  the  same  as  herein 
prescribed. 

Sec.  16.    No  book,  or  other  printed  matter,  Books  not  to  be 

.     .  11*  PI  purchased. 

not  appertammg  to  the  business  of  the  ses- 
sion, shall  be  purchased,  or  subscribed  for, 
for  the  use  of  the  members  of  the  General 
Assembly,  or  be  distributed  among  them,  at 
the  public  expense. 


44 


Constitution  of  the 


[Akt.  3. 


Disqualifica- 
tions to  hold 
certain  ofiices. 


Exemption  for 
words  in 
debate. 


Powers  of  each 
House 


Quornm. 


Soesions  to  be 
opon. 


Sec.  17.  Ko  Senator  or  Delegate,  after  quali- 
fying as  such,  notwithstanding  he  may  there- 
after resign,  shall  during  the  whole  period  of 
time,  for  which  he  was  elected,  be  eligible  to 
any  office,  which  shall  have  been  created,  or 
the  salary,  or  profits  of  which  shall  have  been 
increased,  during  such  term. 

Sec.  18.  No  Senator,  or  Delegate  shall  be 
liable  in  any  civil  action,  or  criminal  prosecu* 
tion,  whatever,  for  words  spoken  in  debate. 

Sec.  19.  Each  House  shall  be  judge  of  the 
qualifications  and  elections  of  its  members, 
as  prescribed  by  the  Constitution  and  Laws 
of  the  State;  shall  appoint  its  own  officers, 
determine  the  rules  of  its  own  proceedings, 
punish  a  member  for  disorderly  or  disrespect- 
ful behaviour,  and  with  the  consent  of  two- 
thirds  of  its  whole  number  of  members  elected, 
expel  a  member ;  but  no  member  shall  be  ex- 
pelled a  second  time  for  the  same  offence. 

Sec.  20.  A  majority  of  the  whole  number 
of  members  elected  to  each  House  shall  con- 
stitute a  quorum  for  the  transaction  of  busi- 
ness ;  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  compel  the  attendance 
of  absent  members,  in  such  manner,  and 
under  such  penalties,  as  each  House  may 
prescribe. 

Sec.  21.  The  doors  of  each  House,  and  of 
the  Committee  of  the  Whole,  shall  be  open, 
except  when  the  business  is  such  as  ought  to 
be  kept  secret. 


Art.  3.]  State  of  Maryland.  45 

Sec.  22.   Each  House  shall  keep  a  Journal  jonmaistobe 

published. 

of  its  proceedings,  and  cause  the  same  to  be 
published.     The   yeas   and   nays   of  members  ^8T3,r36^*^ 
on  any  question,  shall  at  the  call  of  any  five 
of  them  in  the  House  of  Delegates,  or  one  in 
the  Senate,  be  entered  on  the  Journal. 

Sec.  23.   Each   House  may  punish  by  im-  imprisonment 

1        .  •  P      1        i-N  of  disorderly 

prisonment,  during  the  session  of  the  General  persons. 
Assembly,  any  person,  not  a  member,  for  dis- 
respectful, or  disorderly  behaviour  in  its  pre- 
sence, or  for  obstructing  any  of  its  proceed- 
ings, or  any  of  its  officers  in  the  execution  of 
their  duties;  provided,  such  imprisonment 
shall  not,  at  any  one  time,  exceed  ten  days. 

Sec.  24.   The  House  of  Delegates  may  in- p^^.^^^t^^ 
quire,  on  the  oath  of  witnesses,  into  all  com-  Deiegatfs. 
plaints,  grievances  and  offences,  as  the  Grand  Grand  inquest 
Inquest   of  the   State,   and  may   commit  any 
person,  for  any  crime,  to  the  public  jail,  there 
to  remain,  until  discharged  by  due  course  of 
Law.     They   may  examine   and   pass   all   ac- 
counts of  the  State,  relating  either  to  the  col- 
lection   or    expenditure   of   the  revenue,   and 
appoint    Auditors    to    state    and    adjust    the 
same.     They  may  call  for  all  pu]blic,  or  official 
papers    and    records,    and    send    for  persons,  ^I'^^^ll^^^ 
whom  they  may  judge  necessary,  in  the  course  ^^^^'^^_ 
of  their   inquiries,  concerning  affairs  relating 
to    the    public   interest,   and    may   direct  all 
office  bonds  which  shall  be  made  payable  to 
the  State,  to  be  sued  for  any  breach  thereof; 
and  with  the  view  to   the  more  certain  pre- 
4 


46 


Constitution  of  the 


[Art.  3. 


Contracts 


Abuse  in 
«xpenditures. 


Special 
adjournments. 


Impeachment. 


vention,  or  correction  of  the  abuses  in  the 
expenditures  of  the  money  of  the  State,  the 
General  Assembly  shall  create,  at  every  ses- 
sion thereof,  a  joint  Standing  Committee  of 
the  Senate  and  House  of  Delegates,  who  shall 
have  power  to  send  for  persons,  and  examine 
them  on  oath,  and  call  for  Public,  or  Official 
Papers  and  Records,  and  whose  duty  it  shall 
be  to  examine  and  report  upon  all  contracts 
made  for  printing,  stationery,  and  purchases 
for  the  Public  offices,  and  the  Library,  and 
all  expenditures  therein,  and  upon  all  matters 
of  alleged  abuse  in  expenditures,  to  which 
their  attention  may  be  called  by  Resolution 
of  either  House  of  the  General  Assembly. 

Sec.  25.  Neither  House  shall,  without  the 
consent  of  the  other,  adjourn  for  more  than 
three  days,  at  any  one  time,  nor  adjourn  to 
any  other  place,  than  that  in  which  the  House 
shall  be*  sitting,  without  the  concurrent  vote 
of  two-thirds  of  the  members  present. 

Sec.  26.  The  House  of  Delegates  shall  have 
the  sole  power  of  impeachment  in  all  cases; 
but  a  majority  of  all  the  members  elected 
must  concur  in  the  impeachment.  All  im- 
peachments shall  be  tried  by  the  Senate,  and 
when  sitting  for  that  purpose,  the  Senators 
shall  be  on  oath,  or  affirmation,  to  do  justice 
according  to  the  law  and  the  evidence;  but 
no  person  shall  be  convicted  without  the  con- 
currence of  two-thirds  of  all  the  Senators 
elected. 


Art.  3.3  State  of  Maryland.  47 

Sec.  27.   Any  bill  may  originate  in  either  Either  House 

may  originate 

House  of  the  General  Assembly,  and  be  al-  ^i"«- 
tered,  amended,  or  rejected  by  the  other ;  but 
no  bill  shall  originate  in  either  House  during 
the  last  ten  days  of  the  session,  unless  two- 
thirds  of  the  members  elected  thereto  shall 
so  determine  by  yeas  and  nays;  nor  shall 
any  bill  become  a  Law,  until  it  be  read  on 
three  different  days  of  the  session  in  each 
House,  unless  two-thirds  of  the  members 
elected  to  the  House,  where  such  bill  is  pend- 
ing, shall  so  determine  by  yeas  and  nays; 
and  no  bill  shall  be  read  a  third  time  until  it 
shall  have  been  actually  engrossed  for  a  third 
reading. 

Sec.  28.  No  bill  shall  become  a  Law  unless  passage  of 
it  be  passed  in  each  House  by  a  majority  of 
the  whole  number  of  members  elected,  and 
on  its  final  passage,  the  yeas  and  nays  be 
recorded;  nor  shall  any  Resolution,' requiring 
the  action  of  both  Houses,  be  passed  except 
in  the  same  manner. 

Sec.  29.  The  style  of  all  Laws  of  this  State  style  of  Laws. 
shall  be,  "Be  it  enacted  by  the  General  As- 
sembly  of   Maryland : "   and    all   Laws   shall  Mode  of  enact- 

*'  "^  ment. 

be  passed  by  original  bill;  and  every  Law  7Md.i5i;i862, 
enacted  by  the  General  Assembly  shall  em-  |5^^i4Md.i84;' 
brace  but  one  subject,  and  that  shall  be 
described  in  its  title;  and  no  Law,  nor  sec- 
tion of  Law,  shall  be  revived,  or  amended 
by  reference  to  its  title,  or  section  only;  nor 
shall   any  Law  be  construed  by  reason  of  its 


22  Md.  126. 


48  Constitution  of  the  [Art.  3^ 

title,  to  grant  powers,  or  confer  rights  which 
are  not  expressly  contained  in  the  body  of  the 
Act;  and  it  shall  be  the  duty  of  the  General 
Assembly,  in  amending  any  article,  or  sec- 
tion of  the  Code  of  Laws  of  this  State,  to 
enact  the  same,  as  the  said  article,  or  section 
would  read  when  amended.  And  whenever 
the  General  Assembly  shall  enact  any  Public 
General  Law,  not  amendatory  of  any  section, 
or  article  in  the  said  Code,  it  shall  be  the  duty 
of  the  General  Assembly  to  enact  the  same, 
in  articles  and  sections,  in  the  same  manner, 
as  the  Code  is  arranged,  and  to  provide  for 
the  publication  of  all  additions  and  altera- 
tions, which  may  be  made  to  the  said  Code. 
BiiistobeBign-  Sec.  30.  Evcry  bill,  when  passed  by  the 
S^rSf  A^*^'"  General  Assembly,  and  sealed  with  the  Great 
uMd-m  Seal,  shall  be  presented  to  the  Governor,  who, 
if  he  approves  it,  shall  sign  the  same  in  the 
presence  of  the  presiding  officers  and  Chief 
Clerks  of  the  Senate  and  House  of  Delegates. 
Every  Law  shall  be  recorded  in  the  office  of 
the  Court  of  Appeals,  and  in  due  time,  be 
printed,  published  and  certified  under  the 
Great  Seal,  to  the  several  Courts,  in  the  same 
manner  as  has  been  heretofore  usual  in  this 
State. 
When  laws  take  Sec.  31.  No  Law  passcd  by  the  General 
14  Md.  184;  19  Asscmblv  shall  take  effect,  until  the  first  day 

Md.  9C;  1865,  c.  ^  \  ^  •' 

^^'  of  June,  next  after  the  Session,  at  which  it  may 

be  passed,  unless  it  be  otherwise  expressly  de- 
clared therein. 


Art.  3.]  State  of  Maryland.  49 

Sec.  32.     No  money  shall  be  drawn  from  Appropriations 

•'  to  be  made  by 

the  Treasury  of  the  State,  by  any  order  or  ^*^'^  ^g^ 
resolution,  nor  except  in  accordance  with  an 
appropriation  by  Law,  and  every  such  Law 
shall  distinctly  specify  the  sum  appropriated, 
and  the  object,  to  which  it  shall  be  applied; 
provided,  that  nothing  herein  contained  shall 
prevent  the  General  Assembly  from  placing  a 
contingent  fund  at  the  disposal  of  the  Execu-  J^';'^*j"g^°* 
tive,  who  shall  report  to  the  General  Assem-  ^^^*'  ""•  ^^' 
bly,  at  each  Session,  the  amount  expended, 
and  the  purposes  to  which  it  was  applied. 
An  accurate  statement  of  the  receipts  and 
expenditures  of  the  public  money,  shall  be 
attached  to,  and  published  with  the  Laws, 
after  each  regular  Session  of  the  General  As- 
sembly. 

Sec.  33.     The  General  Assembly  shall  not  Local  and  spe- 
pass  local,  or  special  Laws,  m  any  of  the  fol-  i>«p«««ed. 

j-  '  JT  7  J  1 II.  &  J.  236;  3 

lowing  enumerated  cases,  viz:  For  extending  f^* J- 2j*|^f^ 


G.  &  J.  461 ;  7  G. 


the  time  for  the  collection  of  taxes:  granting:  &j. 7,191;' s  g! 

°  ^    &  J.  386;  9  G.  & 

divorces;  changing  the  name  of  any  person;  f7filG.&^".&?; 
providing  for  the  sale  of  reaL  estate  belonging  209';  2  Md.  429.  " 
to  minors,  or  other  persons  laboring  under 
legal  disabilities,  by  executors,  administra- 
tors, guardians  or  trustees;  giving  effect  to 
informal,  or  invalid  deeds  or  wills;  refund- 
ing money  paid  into  the  State  Treasury,  or 
releasing  persons  from  their  debts,  or  obliga- 
tions to  the  State,  unless  recommended  by  the 
Governor,  or  officers  of  the  Treasury  Depart- 
ment.    And  the  General  Assembly  shall  pass 


50 


Constitution  of  the 


[Aet.  3. 


Debts  not  to  be 
contracted. 


no  special  Law,  for  any  case;  for  which  provi- 
sion has  been  made,  by  an  existing  General 
Law.  The  General  Assembly,  .at  its  first  ses- 
sion after  the  adoption  of  this  Constitution, 
brp?o^der^*°  shall  pass  General  Laws,  providing  for  the 
cases  enumerated  in  this  section,  which  are 
not  already  adequately  provided  for,  and  for 
all  other  cases,  where  a  General  Law  can  be 
made  applicable. 

Sec.  34.  No  debt  shall  be  hereafter  con- 
tracted by  the  General  Assembly,  unless  such 
debt  shall  be  authorized  by  a  Law,  providing 
for  the  collection  of  an  annual  tax,  or  taxes, 
sufficient  to  pay  the  interest  on  such  debt,  as 
it  falls  due ;  and  also,  to  discharge  the  prin- 
cipal thereof,  within  fifteen  years  from  the 
time  of  contracting  the  same;  and  the  taxes, 
laid  for  this  purpose,  shall  not  be  repealed,  or 
applied  to  any  other  object,  until  the  said 
debt,  and  interest  thereon,  shall  be  fully  dis- 
charged. The  credit  of  the  State  shall  not  in 
any  manner  be  given,  or  loaned  to,  or  in  aid 
of  any  individual,  association,  or  corporation; 
nor  shall  the  General  Assembly  have  the 
power,  in  any  mode,  to  involve  the  State  in 
the  construction  of  Works  of  Internal  Im- 
provement, nor  in  granting  any  aid  thereto, 
which  shall  involve  the  faith,  or  credit  of  the 
State;  nor  make  any  appropriation  therefor, 
except  in  aid  of  the  construction  of  Works  of 
Internal  Improvement,  in  the  counties  of  Saint 
Mary's,  Charles  and  Calvert,  which  have  had 


Credit  of  the 

State  not  to  be 

given. 

15  Md.  205. 


Akt.  3.]  State  of  Maryland.  61 

no  direct  advantage,  from  such  Works,  as  have 
been  heretofore  aided  by  the  State;  and  pro- 
vided, that  such  aid,  advances,  or  appropria- 
tions shall  not  exceed  in  the  aggregate  the 
sum  of  five  hundred  thousand  dollars.  And 
they  shall  not  use,  or  appropriate  the  pro- 
ceeds of  the  Internal  Improvement  Compa- 
nies, or  of  the  State  tax,  now  levied,  or  which 
may  hereafter  be  levied,  to  pay  off  the  public  STJl't'ate"''*  "^ 
debt,  to  any  other  purpose  until  the  interest 
and  debt  are  fully  paid,  or  the  sinking  fund 
shall  be  equal  to  the  amount  of  the  outstand- 
ing debt;  but  the  General  Assembly  may, 
without  laying  a  tax,  borrow  an  amount  never 
to  exceed  fifty  thousand  dollars,  to  meet  tem-  Temporary 

deficiencies. 

porary  deficiencies  in  the  Treasury,  and  may 
contract  debts  to  any  amount  that  may  be 
necessary  for  the  defence  of  the  State. 

Sec.  35.    No   extra   compensation   shall   be  Extra  compen- 

1  -,-,  111/^  A  sation  not  to  be 

granted,  or  allowed  by  the  General  Assembly,  *"«^^^^^- 
to  any  Public  Officer,  Agent,  Servant  or  Con- 
tractor, after  the  service  shall  have  been  ren- 
dered, or  the  contract  entered  into ;  nor  shall 
the  salary,  or  compensation  of  any  public 
officer  be  increased,  or  diminished  during  his 
term  of  office. 

Sec.  36.    No  Lottery  2;rant  shall  ever  here-  Lotteries  pro- 

•^    ^  hibited. 

after  be  authorized  by  the  General  Assembly.      12  g.  &  j.  1. 
Sec.  37.   The  General  Assembly  shall  pass  Payment  for     ' 

-|-  »  T  n  T  1   *       rn  Slaves  prohibit- 

no  Law  providmg  tor  payment,  by  this  State,  ^^■ 
for  Slaves  emancipated  from  servitude  in  this 
State ;  but  they  shall  adopt  such  measures,  as 


52 


Constitution  of  the 


[Akt.  3. 


No  imprison- 
ment for  Debt 

5  Md.  337. 

6  Md.  308. 

Banks. 
1863,  c.  441. 
1854,  c.  152. 


Books  to  be 
open. 


tbey  may  deem  expedient,  to  obtain  from  the 
United  States,  compensation  for  such  Slaves, 
and  to  receive,  and  distribute  the  same,  equi- 
tably, to  the  persons  entitled. 

Sec.  38.  No  person  shall  be  imprisoned  for 
debt. 

Sec.  39.  The  General  Assembly  shall  grant 
no  charter  for  Banking  purposes,  nor  renew 
any  Banking  Corporation,  now  in  existence, 
except  upon  the  condition  that  the  Stock- 
holders shall  be  liable  to  the  amount  of  their 
respective  Share,  or  Shares  of  Stock  in  such 
Banking  Institution,  for  all  its  debts  and  lia- 
bilities, upon  note,  bill,  or  otherwise;  the 
Books,  papers,  and  accounts  of  all  Banks  shall 
be  open  to  inspection,  under  such  regulations 
as  may  be  prescribed  by  Law. 
Compensation  Sec.  40.  Thc  Gcucral  Asscmbly  shall  enact 
taken  tor  Pub-  no  Law  authorlziug  private  property,  to  be 
&j.479^;2'g^2o;  taken  for  public  use,  without  just  compensa- 
oo.^sTs'bIS;  tion,  as   agreed  upon  between  the  parties,  oi 

386,  453 ;   1   Md.  iii  .  t      •  n  »  i 

Md  \^53"f  kd.  awarded  by  a  jury,  bemg  first  paid,  or  ten- 
S;  lo^Md.  544^;  dcrcd  to  the  party,  entitled  to  such  compen- 

14   Md.  444;    15  . 

Md.  199,  240;  22   satlOU. 
Md.229;  1853,  c.   «**^-^'-'-"« 

Duellists  ^^^-  ^^l'  ^^y  citizen  of  this  State,  who  shall 

ineligible.         ^^^^  ^j^^  adoptlou  of  thls  Constitution,  either 

in,  or  out  of  this  State,  fight  a  duel  with 
deadly  weapons,  or  send,  or  accept  a  chal- 
lenge so  to  do,  or  who  shall  act  as  a  second, 
or  knowingly  aid  or  assist  in  any  manner, 
those  ofiending,  shall,  ever  thereafter,  be  inca- 
pable of  holding  any  ofiice  of  profit  or  trust, 


of 
Electious. 


Art.  3.]  State  of  Maryland.  68 

under  this  State,  unless  relieved  from  the  dis- 
ability by  an  act  of  the  Legislature. 

Sec.  42.  The  General  Assembly  shall  pass  Pnrity 
Laws  necessary   for  the  preservation   of   the 
purity  of  Elections. 

Sec.  43.  The  property  of  the  wife  shall  be  wife's  property 

protected. 

protected  from  the  debts  of  her  husband.  M±9;m,hX 

Sec.  44.  Laws  shall  be  passed  by  the  Gene-  ^;i^ptiou 
ral   Assembly,   to  protect    from    execution    a 
reasonable    amount   of   the    property   of   the 
debtor,   not  exceeding  in   value,  the  sum  of 
five  hundred  dollars. 

Sec.  45.   The  General  Assembly  shall  pro-  compensation 

.  -I  -n  r»i*^  Clerks  and 

Vide  a  simple  and  uniform  system  oi  charges  Registers. 

^  .         1852,  c.  308. 

in  the  offices  of  Clerks  of  Courts,  and  Regis- 
ters of  Wills,  in  the  Counties  of  this  State, 
and  the  City  of  Baltimore,  and  for  the  collec- 
tion thereof;  provided,  the  amount  of  com- 
pensation to  any  of  the  said  officers,  in  the 
various  Counties,  shall  not  exceed  the  sum  of 
three  thousand  dollars  a  year,  and  in  the 
City  of  Baltimore  thirty-five  hundred  dol- 
lars a  year,  over  and  above  office  expenses, 
and  compensation  to  assistants;  and  provided 
further,  that  such  compensation,  of  Clerks, 
Registers,  assistants  and  office  expenses  shall 
always  be  paid  out  of  the  fees,  or  receipts  of 
the  offices,  respectively. 

Sec.  46.  The  General  Assembly  shall  have  Legislature 

may  receive 

power  to  receive  from  the  United  States,  any  landfromu.s. 
grant,  or  donation  of  land,  money,  or  securi- 
ties for  any  purpose  designated  by  the  United 


54  Constitution  of  the  [Aet.  3. 

States,  and  shall  administer,  or  distribute  tlie 
same  according  to  the  conditions  of  the  said 
grant. 
Contested  Sec.  47.  Thc  Gcncral  Assembly  shall  make 

Elections.  ,.  n  it  n  ii* 

17  Md.  309.        provisions   lor  all  cases  oi   contested  elections 

1853,  c.  244. 

of  any  of  the  officers,  not  herein  provided  for. 
Corporations  Sec.  48.  Corporatlons  may  be  formed  under 

under^gene-  gcucral  Laws ;  but  shall  not  be  created  by 
f%o-^im^l'  special  act,  except  for  municipal  purposes, 
147;  1867,  c.  379.  ^^^  cxccpt  lu  cascs,  whcrc  no  general  Laws 
exist,  providing  for  the  creation  of  corpora- 
tions of  the  same  general  character,  as  the 
corporation  jDroposed  to  be  created ;  and  any 
act  of  incorporation,  passed  in  violation  of 
this  section  shall  be  void.  And  as  soon  as 
practicable,  after  the  adoption  of  this  Consti- 
tution, it  shall  be  the  duty  of  the  Governor, 
to  appoint  three  persons  learned  in  the  Law, 
whose  duty  it  shall  be,  to  prepare  drafts  of 
general  Laws,  providing  for  the  creation  of 
corporations,  in  such  cases  as  may  be  proper, 
and  for  all  other  cases,  where  a  general  Law 
can  be  made;  and  for  revising  and  amending, 
so  far  as  may  be  necessary,  or  expedient,  the 
general  Laws  which  may  be  in  existence  on 
the  first  day  of  June,  eighteen  hundred  and 
sixty-seven,  providing  for  the  creation  of  cor- 
porations, and  for  other  purposes;  and  such 
commissioners  ^rafts  of  Laws  shall  by  said  commissioners, 
.0  revise  laws.  ^^  submitted  to  tho  Gcucral  Assembly,  at  its 
first  meeting,  for  its  action  thereon ;  and  each 
of   said   commissioners   shall    receive   a   com- 


Art.  3.]  State  of  Maryland.  55 

pensation  of  five  hundred  dollars .  for  his  ser- 
vices, as  such  commissioner. 

All  Charters  granted,  or  adopted,  in  pur-  charters  may 
suance  of  this  section,  and  all  Charters  here- 
tofore granted  and  created,  subject  to  repeal 
or  modification,  may  be  altered,  from  time  to 
time,  or  be  repealed ;  provided,  nothing  herein 
contained  shall  be  construed  to  extend  to 
Banks,  or  the  incorporation  thereof. 

Sec.  49.  The  General  Assembly  shall  have  ^ffjjjj^^^"  ^^ 
power  to  regulate  by  Law,  not  inconsistent 
with  this  Constitution,  all  matters  which  re- 
late to  the  Judges  of  election,  time,  place  and 
manner  of  holding  elections  in  this  State,  and 
of  making  returns  thereof. 

Sec.  50.  It  shall  be  the  duty  of  the  General  Bribery. 
Assembly,  at  its  first  session,  held  after  the 
adoption  of  this  Constitution,  to  provide  by 
Law  for  the  punishment,  by  fine,  or  imprison- 
ment in  the  Penitentiary,  or  both,  in  the  dis- 
cretion of  the  Court,  of  any  person,  who  shall 
bribe,  or  attempt  to  bribe,  any  Executive,  or 
Judicial  officer  of  the  State  of  Maryland, 
or  any  member,  or  officer  of  the  General 
Assembly  of  the  State  of  Maryland,  or  of 
any  Municipal  Corporation  in  the  State  of 
Maryland,  or  any  Executive  officer  of  such 
corporation,  in  order  to  influence  him  in  the 
performance  of  any  of  his  official  duties ;  and, 
also,  to  provide  by  Law  for  the  punishment.  Punishment. 
by  fine,  or  imprisonment  in  the  Penitentiary, 
or  both,   in   the   discretion   of  the   Court,  of 


56 


Constitution  of  the 


[Art.  3, 


Evidence. 


Disqualifica- 
tion. 


Taxation  of 
personal  pro- 
perty. 


Appropriations 
for  private 
claims. 


any  of  said  officers,  or  members,  wlio  shall 
demand,  or  receive  any  bribe,  fee,  reward,  or 
testimonial,  for  the  performance  of  his  official 
duties,  or  for  neglecting,  or  failing  to  perform 
the  same;  and,  also,  to  provide  by  Law  for 
'  compelling  any  person,  so  bribing,  or  attempt- 
ing to  bribe,  or  so  demanding,  or  receiving  a 
bribe,  fee,  reward,  or  testimonial,  to  testify 
against  any  person,  or  persons,  who  may  have 
committed  any  of  said  offences ;  provided,  that 
any  person,  so  compelled  to  testify,  shall  be 
exempted  from  trial  and  punishment  for  the 
offence,  of  which  he  may  have  been  guilty; 
and  any  person,  convicted  of  such  offence, 
shall,  as  part  of  the  punishment  thereof,  be 
forever  disfranchised  and  disqualified  from 
holding  any  office  of  trust,  or  profit,  in  this 
State. 

Sec.  51.  The  personal  property  of  residents 
of  this  State,  shall  be  subject  to  taxation  in 
the  county,  or  city,  where  the  resident  bona 
fide  resides  for  the  greater  part  of  the  year, 
for  which  the  tax  may,  or  shall  be  levied, 
and  not  elsewhere,  except  goods  and  chattels 
permanently  located,  which  shall  be  taxed  in 
the  City,  or  County  where  they  are  so  located. 

Sec.  52.  The  General  Assembly  shall  ap- 
propriate no  money  out  of  the  Treasury  for 
payment  of  any  private  claim  against  the 
State  exceeding  three  hundred  dollars,  unless 
said  claim  shall  have  been  first  presented  to 
the    Comptroller    of   the    Treasury,    together 


Art.  3.]  State  of  Maryland.  ^7 

with    the   proofs    upon    which    the   same    is 
founded,  and  reported  upon  by  him. 

Sec.  53.     No  person  shall  be  incompetent,  £*°^;coior. 
as   a  witness,   on   account   of   race    or    color, 
unless   hereafter   so   declared  by   Act   of  the 
General  Assembly. 

Sec.  54.    No  County  of  this  State  shall  con-  no  county  to 

•/  contract  debt 

tract  any  debt,  or  obligation,  in  the  construe-  ^"^J^^^^  *"t^"^- 
tion  of  any  Kailroad,  Canal,  or  other  Work  of 
Internal  Improvement,  nor  give,  or  loan  its 
credit  to,  or  in  aid  of  any  association,  or  cor- 
poration, unless  authorized  by  an  Act  of  the 
General  Assembly,  which  shall  be  published 
for  two  months  before  the  next  election  for 
members  of  the  House  of  Delegates  in  the 
newspapers  published  in  such  County,  and 
shall  also  be  approved  by  a  majority  of  all 
the  members  elected  to  each  House  of  the 
General  Assembly  at  its  next  Session  after 
said  election. 

Sec.  55.    The  General  Assembly  shall  pass  Habeas  corpus. 
no  Law  suspending  the  privilege  of  the  Writ 
of  Habeas  Corpus. 

Sec.  56.  The  General  Assembly  shall  have  i-ays  ^  execute 
power  to  pass  all  such  Laws  as  may  be  neces- 
sary and  proper  for  carrying  into  execution 
the  powers  vested,  by  this  Constitution,  in  any 
Department,  or  office  of  the  Government,  and 
the  duties  imposed  upon  them  thereby. 

Sec.  57.  The  Legal  Rate  of  Interest  shall  be  Rate  of  interest. 

®  ,  13Md.202. 

six  per  cent,  per  annum  ;  unless  otherwise  pro- 
vided by  the  General  Assembly. 


58 


Constitution  of  the 


[Art.  4. 


Foreign  Corpo- 
rations to  be 
taxed. 


Pension  system 
abolished. 


Sec.  58.  The  Legislature  at  its  first  session 
after  the  ratification  of  this  Constitution  shall 
provide  by  Law  for  State  and  municipal  tax- 
ation upon  the  revenues  accruing  from  busi- 
ness done  in  the  State  by  all  foreign  corpo- 
rations. 

Sec.  59.  The  office  of  "  State  Pension  Com- 
missioner" is  hereby  abolished;  and  the 
Legislature  shall  pass  no  law  creating  such 
office,  or  establishing  any  general  pension 
system  within  this  State. 


AETICLE    IV. 

Judiciary   Department. 

Part  I — General  Provisions. 


The  Judicial 

Power  how 

vested. 

8    Md.    227;    17 

Md.331;  22 

491. 


Courts  of 
Record. 


Justices  of  the 
Peace. 


Section  1.  The  Judicial  power  of  this  State 
shall  be  vested  in  a  Court  of  Appeals,  Circuit 
^^-  Courts,  Orphans'  Courts,  such  Courts  for  the 
City  of  Baltimore  as  are  hereinafter  provided 
for,  and  Justices  of  the  Peace ;  all  said  Courts 
shall  be  Courts  of  Record,  and  each  shall 
have  a  seal  to  be  used  in  the  authentication 
of  all  process  issuing  therefrom.  The  process 
and  official  character  of  Justices  of  the  Peace 
shall  be  authenticated  as  hath  heretofore  been 
practiced  in  this  State,  or  may  hereafter  be 
prescribed  by  Law. 


Art.  4.]  State  of  Maryland.  59 

Sec.  2.  The  Judges  of  all  of  the  said  Courts  Qnaiincatious 

"  of  Judges. 

shall  be  citizens  of  the  State  of  Maryland,  and 
qualified  voters  under  this  Constitution,  and 
shall  have  resided  therein  not  less  than  five 
years,  and  not  less  than  six  months  next 
preceding  their  election,  or  appointment,  in 
the  Judicial  Circuit,  as  the  case  may  be,  for 
which  they  may  be,  respectively,  elected,  oi 
appointed.  They  shall  be  not  less  than  thirty 
years  of  age  at  the  time  of  their  election,  or 
appointment,  and  shall  be  selected  from  those 
who  have  been  admitted  to  practice  Law  in 
this  State,  and  who  are  most  distinguished 
for  integrity,  wisdom  and  sound  legal  know- 
ledge. 

Sec.  3.  The  Judges  of  the  said  several  Kiecuonsof 
Courts  shall  be  elected  in  the  Counties  by  the 
qualified  voters  in  their  respective  Judicial 
Circuits,  as  hereinafter  provided,  at  the  gene- 
ral election  to  be  held  on  the  Tuesday  after 
the  first  Monday  in  November  next,  and  in 
the  city  of  Baltimore,  on  the  fourth  Wednes- 
day of  October  next.  Each  of  the  said  Judges 
shall  hold  his  office  for  the  term  of  fifteen  Termofoffice. 
years  from  the  time  of  his  election,  and  until 
his  successor  is  elected  and  qualified,  or  until 
he  shall  have  attained  the  age  of  seventy 
years,  whichever  may  first  happen,  and  be 
re-eligible  thereto  until  he  shall  have  attained 
the  age  of  seventy  years,  and  not  after;  but 
in  case  of  any  Judge,  who  shall  attain  the  age 
of  seventy  years  whilst  in  office,  such  Judge 


60 


Constitution  of  the 


[Akt.  4. 


Retiring 
Judges  for 
inability. 


Removal  of 
Judges  for 
incompetency, 
&c. 


Governor  to 
appoint  in  case 
of  vacancy. 


may  be  continued  in  office  by  the  General  As- 
sembly for  such  further  time  as  they  may 
think  j&t,  not  to  exceed  the  term  for  which  he 
was  elected,  by  a  Eesolution  to  be  passed  at 
the  session  next  preceding  his  attaining  said 
age.  In  case  of  the  inability  of  any  of  said 
Judges  to  discharge  his  duties  with  efficiency, 
by  reason  of  continued  sickness,  or  of  physical 
or  mental  infirmity,  it  shall  be  in  the  power 
of  the  General  Assembly,  two-thirds  of  the 
members  of  each  House  concurring,  with  the 
approval  of  the  Governor,  to  retire  said  Judge 
from  office. 

Sec.  4.  Any  Judge  shall  be  removed  from 
office  by  the  Governor,  on  conviction  in  a 
Court  of  Law,  of  incompetency,  of  wilful 
neglect  of  duty,  misbehaviour  in  office,  or 
any  other  crime,  or  on  impeachment,  accord- 
ing to  this  Constitution,  or  the  Laws  of  the 
State;  or  on  the  address  of  the  General  As- 
sembly, two-thirds  of  each  House  concurring 
in  such  address,  and,  the  accused  having  been 
notified  of  the  charges  against  him,  and  hav- 
ing had  opportunity  of  making  his  defence. 

Sec.  5.  After  the  election  for  Judges,  to  be 
held  as  above  mentioned,  upon  the  expiration 
of  the  term,  or  in  case  of  the  death,  resigna- 
tion, removal,  or  other  disqualification  of  any 
Judge,  the  Governor  shall  appoint  a  person 
duly  qualified  to  fill  said  office,  who  shall 
hold  the  same  until  the  next  general  election 
for  members  of  the  General  Assembly,  when 


Art.  4.]  State  oe  Maryland.  61 

a  successor  shall  be  elected,,  whose  tenure  of 
office  shall  be  the  same,  as  hereinbefore  pro- 
vided ;  but  if  the  vacancy  shall  occur  in  the 
city  of  Baltimore,  the  time  of  election  shall  be 
the  fourth  Wednesday  in  October  following. 

Sec.  6.  All  Jud2:es  shall,  by  virtue  of  their  judges  to  be 

^  *'  Conservators 

offices,  be  Conservators  of  the  Peace  through-  of  the  peace. 
out  the   State ;    and    no   fees,   or  perquisites,  No^fees  to 
commission,  or   reward  of  any  kind,  shall  be  ^.^^'^-^^^  ^*^^- 
allowed  to   any  Judge   in  this   State,  besides 
his   annual   salary,   for  the   discharge   of  any 
Judicial  duty. 

Sec.  7.    No    Jud^e   shall   sit    in    any  case  judges  dis- 

1  .        1  1         .  T  1.1  qualified. 

wherem  he  may  be  mterested,  or  where  either  1552,  c.  263;  22 

•^  '  ^  ^  Md.  458. 

of  the  parties  may  be  connected  with  him,  by 
affinity  or  consanguinity,  within  such  degrees 
as  now  are,  or  may  hereafte];  be  prescribed 
by  Law,  or  where  he  shall  have  been  of  coun- 
sel in  the  case. 

Sec. '8.   The  parties  to  any  cause  may  sub-  Tnai  without 
mit  the  same  to  the  Court  for  determination, 
without  the  aid  of  a  jury ;  and  the  Judge,  or 
Judges  of  any  Court  of  this  State,  except  the 
Court  of  Appeals,  shall  order   and  direct  the 
Kecord  of  proceedings  in  any  suit,  or  action, 
issue,  or  petition,  presentment,  or  indictment, 
pending  in  such  Court,  to   be  transmitted   to  Removal  of 
some  other  Court,  (and  of  a  different  Circuit,  nL&j.270;  2 
if  the  party  applying  shall   so  elfect,)  having  3?o;  Tm^'g^: 

..,,.,  7  Md.  135 ;  8  Md. 

jurisdiction  in  such  cases,  whenever  any  party  if 'mV.^5;^1o 
to  such  cause,   or  the   counsel   of  any   party,  le?;  swV  isS,  c! 
shall  make  a  suggestion,  in  writing,  supported 
6 


62 


Constitution  of  the 


[Art.  4 


Officere  of 
Court,  Jiow 
appointed. 


ODmpcnsation. 


Judges  to 
investigate 
and  report. 


Clerks  to  keep 
Records. 


by  the  affidavit  of  such  party,  or  his  counsel, 
or  other  proper  evidence,  that  the  party  can- 
not have  a  fair  or  impartial  trial  in  the 
Court,  in  which  such  suit,  or  action,  issue,  or 
petition,  presentment,  or  indictment  is  pend- 
ing, or  when  the  Judges  of  .said  Court  shall  be 
disqualified,  under  the  provisions  of  this  Con- 
stitution, to  sit  in  any  such  suit,  action,  issue 
or  petition,  presentment,  or  indictment;  and 
the  General  Assembly  shall  make  such  modi- 
fications of  existing  Law  as  may  be  necessary 
to  regulate  and  give  force  to  this  provision. 

Sec.  9.  The  Judge,  or  Judges  of  any  Court, 
may  appoint  such  officers  for  their  respective 
Courts  as  may  be  found  necessary ;  and  such 
officers  of  the  Courts  in  the  City  of  Balti- 
more shall  be  appointed  by  the  Judges  of  the 
Supreme  Bench  of  Baltimore  City.  It  shall 
be  the  duty  of  the  General  Assembly  to  pre- 
scribe, by  Law,  a  fixed  compensation  for  all 
such  officers ;  and  said  Judge,  or  Judges  shall, 
from  time  to  time,  investigate  the  'expenses, 
costs  and  charges  of  their  respective  courts, 
with  a  view  to  a  change  or  reduction  thereof, 
and  report  the  result  of  such  investigation  to 
the  General  Assembly  for  its  action. 

Sec.  10.  The  Clerks  of  the  several  Courts, 
created,  or  continued  by  this  Constitution, 
shall  have  charge  and  custody  of  the  records 
and  other  papers,  shall  perform  all  the  duties, 
and  be  allowed  the  fees,  which  appertain  to 
their  several   offices,  as  the  same  now  are,  or 


Art.  4.]  State  of  Maryland.  63 

may  hereafter  be  regulated  by  Law.  And  tbe 
office  and  business  of  said  Clerks,  in  all  their 
departments,  shall  be  subject  to  the  visitorial 
power  of  the  Judges  of  their  respective  Courts,  Jjj^^''^ 
who  shall  exercise  the  same,  from  time  to 
time,  so  as  to  insure  the  faithful  performance 
of  the  duties  of  said  offices ;  and  it  shall  be 
the  duty  of  the  Judges  of  said  Courts  respec- 
tively, to  make,  from  time  to  time,  such  rules  Ro^^^forthe 
and  regulations  as  may  be  necessary  and  pro- 
per for  the  government  of  said  Clerks,  and 
for  the  performance  of  the  duties  of  their 
offices,  which  shall  have  the  force  of  Law 
until  repealed,  or  modified  by  the  General 
Assembly. 

Sec.  11.   The   election   for  Judges,   herein-  Eiectiou 

Returns. 

before  provided,  and  all  elections  for  Clerks,  i8*3,c.i34, 
Registers  of  Wills,  and  other  officers,  pro- 
vided in  this  Constitution,  except  State's  At- 
torneys, shall  be  certified,  and  the  returns 
made,  by  the  Clerks  of  the  Circuit  Courts  of 
the  Counties,  and  the  Clerk  of  the  Superior 
Court  of  Baltimore  city,  respectively,  to  the 
Governor,  who  shall  issue  commissions  to  the 
different  persons  for  the  offices  to  which  they 
shall  have  been,  respectively,  elected;  and 
in  all  such  elections,  the  person  having  the 
greatest  number  of  votes,  shall  be  declared  piaraii<y  vote. 
to  be  elected. 

Sec.  12.   If   in    any   case    of    election    for  case  of  tw. 
Judges,  Clerks  of  the  Courts  of  Law,  and  Reg- 
isters of  Wills,  the  opposing  candidates  shall 


64 


Constitution  of  the 


[Art.  4. 


Coutested 
Elections. 


New  Election. 

Style  of  Com- 
missions. 
Grants  and 
Writs. 


have  an  equal  number  of  votes,  it  shall  be  the 
duty  of  the  Governor  to  order  a  new  election ; 
and  in  case  of  any  contested  election,  the  Gov- 
ernor shall  send  the  returns  to  the  House  of 
Delegates,  which  shall  judge  of  the  election 
and  qualification  of  the  candidates  at  such 
election ;  and  if  the  judgment  shall  be  against 
the  one  who  has  been  returned  elected,  or  the 
one  who*  has  been  commissioned  by  the  Gov- 
ernor, the  House  of  Delegates  shall  order  a 
new  election  within  thirty  days. 

Sec.  13.  All  Public  Commissions  and  Grants 
shall  run  thus :  "  The  State  of  Maryland,.  &c.," 
and  shall  be  signed  by  the  Governor,  with  the 
Seal  of  the  State  annexed ;  all  writs  and  pro- 
cess shall  run  in  the  same  style,  and  be  tested, 
sealed  and  signed,  as  heretofore,  or  as  may 
hereafter  be,  provided  by  Law ;  and  all  indict- 
ments shall  conclude,  "  against  the  peace,  gov- 
ernment and  dignity  of  the  State." 


Part  II.    Court  op  Appeals. 


(Domposed  of 
eight  Judges. 


Chief  Judge; 
how  desig- 
nated. 


Sec.  14.  The  Court  of  Appeals  shall  be 
composed  of  the  Chief  Judges  of  the  first 
seven  of  the  several  Judicial  Circuits  of  the 
State,  and  a  Judge  from  the  City  of  Baltimore 
specially  elected  thereto,  one  of  whom  shall 
be  designated  by  the  Governor,  by  and  with 
the  advice  and  consent  of  the  Senate^  as  the 
Chief  Judge:   and  in   all   cases,   until   action 


Art.  4.]  State  of  Maryland.  65 

by  the  Senate  can  be  had,  the  Judge  so  desig- 
nated by  the  Governor,  shall  act  as  Chief 
Judge.  The  Judge  of  the  Court  of  Appeals 
from   the  City  of  Baltimore  shall  be  elected  Ju^ge  for  Bait. 

•z  City. 

by  the  qualified  voters  of  said  City,  at  the  elec- 
tion of  Judges  to  be  held  therein,  as  herein- 
before provided ;  and  in  addition  to  his  duties, 
as  Judge  of  the  Court  of  Appeals,  shall  'per-  ms  duties. 
form  such  other  duties  as  the  General  Assem- 
bly shall  prescribe.     The  jurisdiction  of  said  Jurisdiction 
Court  of  Appeals  shall   be  co-extensive  with  i8Md.202. 
the  limits  of  the  State,  and  such  as  now  is,  or 
may  hereafter  be  prescribed  by  Law.     It  shall 
hold  its  sessions  in  the  city  of  Annapolis,  on 
the  first  Monday  in  April,  and  the  first  Mon- 
day in  October,  of  each  and  every  year,  or  at 
such   other  times    as   the   General    Assembly 
may,  by  Law,  direct.     Its  sessions  shall  con- 
tinue not  less  than  ten  months  in  the  year,  if  nSand 
the  business  before  it  shall  so  require ;  and  it    1852,  c 
shall   be  competent  for  the  Judges,  tempora- 
rily, to  transfer  their  sittings  elsewhere,  upon 
suflficient  cause. 

Sec.  15.  Four  of  said  Judges  shall  consti-  Four  a 
tute   a   quorum;    no   cause    shall    be   decided   * 
without  the  concurrence  of  at  least  three ;  but 
the  Judfire  who  heard  the  cause  below,  shall  Judge  beiow 

^    ^  '  not  to  sit. 

not  participate  in  the  decision ;  in  every  case 
an  opinion,  in  writing,  shall  be  filed  within 
three  months  after  the  argument,  or  submis-  opinions  in 

,  /»       1        tliree  months. 

sion  of  the  cause;  and  the  judgment  of  the 
Court  shall  be  final  and  conclusive;   and   all 


Sessions  bien- 

for 
Ten  months. 


66  COI^STITUTION   OF  THE  [ArT.  4. 

Hearing  at  first    casGS  shall  staiid  for  hearing  at  the  first  term 

20Md.68.         after  the  transmission  of  the  Eecord. 

Re^if  Sec.  16.   Provision  shall  be  made  by  Law 

l8S:re8.1:^^' for  publishing  Eeports  of  all  causes,  argued 

and    determined    in    the   Court    of   Appeals, 

which  the  Judges   shall   designate   as   proper 

for  publication. 

Clerk  to  be  Sec.  17.   Thcrc  shall  be  a  Clerk  of  the  Court 

elected. 

of  Appeals,  who  shall  be  elected  by  the  legal 
and  qualified  voters  of  the  State,  who  shall 
hold  his  office  for  six  years,  and  until  his  suc- 
cessor is  duly  qualified;  he  shall  be  subject  to 

Renwvaj.  Tcmoval  by  the  said  Court  for  incompetency, 
neglect  of  duty,  misdemeanor  in  office,  or  such 
other  cause,  or  causes,  as  may  be  prescribed 

Vacancy.  by  Law  ,*  aud  in  case  of  a  vacancy  in  the  office 

of  said  Clerk,  the  Court  of  Appeals  shall 
appoint  a  Clerk  of  said  Court,  who  shall  hold 
his  office  until  the  election  and  qualification 
of  his  successor,  who  shall  be  elected  at  the 
next  general  election  for  members  of  the  Gene- 
ral Assembly ;  and  the  person,  so  elected,  shall 
hold  his  office  for  the  term  of  six  years  from 
the  time  of  election. 

App^u'"  S^^-  ^^'    ^^  ^^^^^  ^®  *^^  ^^^J  ^^  *^^  Judges 

of  the  Court  of  Appeals,  as  soon  after  their 
election,  under  this  Constitution,  as  practi- 
cable, to  make  and  publish  rules  and  regula- 
tions for  the  prosecution  -  of  appeals  to  said 
appellate  court,  whereby  they  shall  prescribe 
the  periods  within  which  appeals  may  be 
taken,  what  part  or  parts  of  the  proceedings 


Art.  4.]  State  of  Maryland.  67 

in  the  Court  below  shall  constitute  the  record  The  Record. 
on   appeal,   and   the    manner    in   which   such 
appeals  shall  be  brought  to  hearing  or  deter- 
mination,  and    shall    regulate,   generally,   the 
practice   of  said   Court   of  Appeals,  so  as  to  P'^'^tice. 
prevent  delays,   and    promote    brevity  in   all 
records    and    proceedings    brought    into    said 
Court,  and  to  abolish  and  avoid  all  unneces- 
sary costs  and  expenses  in  the  prosecution  of  costs. 
appeals  therein;    and    the   said  Judges   shall 
make  such  reductions  in  the  fees  and  expenses  ^^f^<^"«"°f 
of  the  said  Court,  as  they  may  deem  advisable. 
It  shall  also  be  the  duty  of  said  Judges  of  the 
Court  of  Appeals,  as  soon  after  their  election 
as   practicable,   to   devise,  and  promulgate  by 
rules,  or  orders,  forms  and   modes  of  framing  Rules  in 

'  '  tD    Equity. 

and  filing  bills,  answers,  and  other  proceed- 
ings and  pleadings  in  Equity ;  and  also  forms  , 
and  modes  of  taking  and  obtaining  evidence, 
to  be  used  in  Equity  cases ;  and  to  revise  and 
regulate,  generally,  the  practice  in  the  Courts 
of  Equity  of  this  State,  so  as  to  prevent 
delays,  and  to  promote  brevity  and  concise- 
ness in  all  pleadings  and  proceedings  therein, 
and  to  abolish  all  unnecessary  costs  and  ex- 
penses attending  the  same.  And  all  rules 
and  regulations  hereby  directed  to  be  made, 
shall,  when  made,  have  the  force  of  Law,  until 
rescinded,  changed,  or  modified  by  the  said 
Judges,  or  the  General  Assembly. 


68 


Constitution  of  the 


[Art.  4. 


Part  III — Circuit  Courts. 


Eight  Judicial 
Circuits. 


A  Court  in  each 
county.  ♦ 


Jurisdiction 

1852,  c.  16,31,75, 

111 

344;  1853,  C.181 

238,406. 


Chief  Judge 
and  two  Asso- 
ciates. 


Sec.  19.  The  State  shall  be  divided  into 
eight  Judicial  Circuits,  in  manner  following, 
viz :  the  Counties  of  Worcester,  Somerset  and 
Dorchester,  shall  constitute  the  First  Circuit; 
the  Counties  of  Caroline,  Talbot,  Queen  Anne's, 
Kent  and  Cecil,  the  Second;  the  Counties  of 
Baltimore  and  Harford,  the  Third ;  the  Coun- 
ties of  Allegany  and  Washington,  the  Fourth  ; 
the  Counties  of  Carroll,  Howard  and  Anne 
Arundel,  the  Fifth;  the  Counties  of  Mont- 
gomery and  Frederick,  the  Sixth;  the  Coun- 
ties of  Prince  George's,  Charles,  Calvert  and 
St.  Mary's,  the  Seventh;  and  Baltimore  City, 
the  Eighth. 

Sec.  20.  A  Court  shall  be  held  in  each 
County  of  the  State,  to  be  styled  the  Circuit 
Court  for  the  County,  in  which  it  may  be 
held.  The  said  Circuit  Courts  shall  have  and 
exercise,  in  the  respective  Counties,  all  the 
power,  authority  and  jurisdiction,  original  and 
219^336;  appellate,  which  the  present  Circuit  Courts  of 
this  State  now  have  and  exercise,  or  which 
may  hereafter  be  prescribed  by  Law. 

Sec.  21.  For  each  of  the  said  Circuits  (ex- 
cepting the  Eighth,)  there  shall  be  a  Chief 
Judge,  and  two  Associate  Judges,  to  be  styled 
Judges  of  the  Circuit  Court,  to  be  elected  or 
appointed,  as  herein  provided.  And  no  two 
of  said  Associa4:e  Judges  shall,  at  the  time  of 


Aet.  4.]  State  of  Maryland.  69 

*their  election,  or  appointment,  or  during  the 

term,  for  which  they  may  have  been  elected, 

or  appointed,  reside  in  the  same  County.     If  Residence. 

two  or  more  persons  shall  be  candidates  for 

Associate    Judge,  in*  the  same   County,   that 

one   only   ill   said   County   shall  be    declared 

elected,  who  has  the  highest  number  of  votes 

in  the  Circuit.     In   case  any  two   candidates 

for    Associate    Judge,   residing    in    the    same 

County,  shall  have  an. equal  number  of  votes,  case  of  tie. 

greater  than  any  other  candidate  for  Associate 

Judge,  in  the  Circuit,  it  shall  be  the  duty  of 

the  Governor  to  order  a  new  election  for  one 

Associate  Judge;  but  the  person,  residing  in 

any  other  County  of  the  Circuit,  and  who  has 

the  next   highest   number   of  votes   shall  be 

declared  elected.     The  said  Judges  shall  hold 

not  less  than  two  terms  of  the  Circuit  Court  two  Terms  a 

year. 

in  each  of  the  Counties,  composing  their  re- 
spective Circuits,  at  such  times  as  are  now,  or 
may  hereafter  be  prescribed,  to  which  Jurors 
shall  be  summoned;  and  in  those  Counties 
where  only  two  such  Terms  are  held,  two  other 
and  intermediate  Terms,  to  which  Jurors  shall  intermediate 

Terms. 

not  be  summoned;  they  may  alter  or  fix  the 
times  for  holding  any,  or  all  Terms  until  other- 
wise prescribed,  and  shall  adopt  Eules  to  the 
end  that  all  business  not  requiring  the  inter- 
position of  a  Jury  shall  be,  as  far  as  practi- 
cable, disposed  of  at  said  intermediate  Terms. 
One  Judge,  in  each  of  the  above  Circuits,  shall  one  judge  may 
constitute  a  quorum  for  the  transaction  of  any 


70 


Constitution  of  the 


[Art.  4. 


business ;  and  the  said  Judges,  or  any  of  them,' 
Special  Terms,    uiaj  hold  Special  Terms  of  their  Courts,  when- 
ever, in  their  discretion,  the  business  of  the 
several   Counties   renders  such   Terms    neces- 


Points  reserved 
to  be  heard  in 
banc. 


sary. 

Sec.  22.  Where  any  Term  is  h*feld,  or  trial 
conducted  by  less  than  the  whole  number  of 
said  Circuit  Judges,  upon  the  decision,  or 
determination  of  any  point,  or  question,  by 
the  Court,  it  shall  be  competent  to  the  party, 
against  whom  the  ruling  or  decision  is  made, 
upon  motion,  to  have  the  point,  or  question 
reserved  for  the  consideration  of  the  three 
Judges  of  the  Circuit,  who  shall  constitute  a 

Rules  therefor.  Court  lu  bauc  foY  such  purposc ;  and  the  mo- 
tion for  such  reservation  shall  be  entered  of 
record,  during  the  sitting,  at  which  such  deci- 
sion may  be  made;  and  the  several  Circuit 
Courts  shall  regulate,  by  rules,  the  mode  and 
•  manner  of  presenting  such  points,  or  questions 
to  the  Court  in  banCy  and  the  decision  of  the 
said  Court  in  banc  shall  be  the  effective  decision 
in  the  premises,  and  conclusive,  as  against  the 
party,  at  whose  motion  said  points  or  ques- 
tions  were    reserved;    but    such    decision    in 

Right  of  Appeal  bauc  shall  not  preclude  the  right  of  Appeal, 

not  precluded. 

or   writ   of    error  to    the    adverse    party,   in 
those   cases,  civil   or  criminal,  in   which   ap- 
peal, or  writ   of  error  to  the  Court  of  Ap- 
Not  to  apply  to    pcals  may  be  allowed  by  Law.     The  right  of 
peacernf cS-^    havlug  qucstlous  reserved  shall  not,  however, 
ta£criminaT     ^^^^^  ^^  ^^.^j^  ^£  Appcals  from  judgments  of 


I 


Art.  4.]  State  of  Maeyland.  *71 

Justices  of  the  Peace,  nor  to  criminal  cases 
below  the  grade  of  felony,  except  when  the 
punishment  is  confinement  in  the  Peniten- 
tiary; and  this  Section  shall  be  subject  to 
such  provisions  as  may  hereafter  be  made  by 
Law. 

Sec.  23.  The  Judges  of  the  respective  Cir-  ^j^°j^j^4° 
cuit  Courts  of  this  State,  and  of  the*  Courts  of 
Baltimore  City,  shall  render  their  decisions, 
in  all  cases  argued  before  them,  or  submitted 
for  their  judgment,  within  two  months  after 
the  same  shall  have  been  so  argued  or  sub- 
mitted. 

Sec.  24.    The  salary  of  each  Chief  Jud^e,  salaries  not  to 

•^  ^    '   be  diminished. 

and  of  the  Judge  of  the  Court  of  Appeals 
from  the  City  of  Baltimore  shall  be  three 
thousand  five  hundred  dollars,  and  of  each 
Associate  Judge  of  the  Circuit  Court,  shall 
be  two  thousand  eight  hundred  dollars  per 
annum,  payable  quarterly,  and  shall  not  be 
diminished  during  his  continuance  in  office. 

Sec.   25.    There   shall   be  a   Clerk   of  the  cierkatobe 
Circuit  Court  for  each  County,  who  shall  be  fsS^c.  iw,  n 
elected  by  a  plurality  of  the  qualified  voters 
of  said  County,  and  shall  hold  his  office  for 
six  years  from  the  time  of  his  election,  and 
until    his  successor   is   elected   and  qualified, 
and  be  re-eligible,  subject  to  be  removed  for  Removal. 
wilful  neglect  of  duty,  or  other  misdemeanor  c. m.sosi  isU 

■  c.  134   409   444* 

in   office,  on  conviction   in   a  Court  of  Law.  i8«8.«-363. 
In  case  of  a  vacancy  in  the  office  of  Clerk  of  a 
Circuit  Court,  the  Judges  of  said  Court  shall 


72- 


CoNSTITTJTIOISr   OF   THE 


[Art.  4. 


Vacancy, 
1  Md.  374: 
Md.  101. 


11 


have  power  to  fill  such  vacancy  until  the  gen- 
eral election  for  Delegates  to  the  General  As- 
sembly, to  be  held  next  thereafter,  when  a  suc- 
cessor shall  be  elected  for  the  term  of  six  years. 
Sec.  26.  The  said  Clerks  shall  appoint, 
subject  to  the  confirmation  of  the  Judges  of 
their  respective  Courts,  as  many  deputies 
under  them,  as  the  said  Judges  shall  deem 
necessary,  to  perform,  together  with  them- 
selves, the  duties  of  the  said  office,  who  shall 
be  removable  by  the  said  Judges  for  incom- 
petency, or  neglect  of  duty,  and  whose  com- 
pensation shall  be  according  to  existing,  or 
future  provisions  of  the  General  Assembly. 


Part  IY — Courts  op  Baltimore  City. 


Six  CJourte. 


Sec.  27.  There  shall  be  in  the  Eighth  Judi- 
cial Circuit,  six  Courts,  to  be  styled  the  Su- 
preme Bench  of  Baltimore  City,  the  Superior 
Court  of  Baltimore  City,  the  Court  of  Com- 
mon Pleas,  the  Baltimore  City  Court,  the  Cir- 
cuit Court  of  Baltimore  City,  and  the  Crimi- 
nal Court  of  Baltimore. 

Sec.  28.  The  Superior  Court  of  Baltimore 
3U;'is5itib9,  City,   the   Court   of  Common   Pleas,  and  the 

198, 227,  251, 312,  "^  '  ' 

238,'45ifi858,^c:  Baltlmorc   City  Court  shall,  each,  have   con- 

13  Md.  314;  14  currcut  lurisdiction  in  all  civil  common   Law 

cases,   and,   concurrently,   all   the  jurisdiction 

which  the  Superior  Court  of  Baltimore  City 

and  the  Court  of  Common  Pleas  now  have, 


Jurisdiction 
7Md.l35;13Md 


Art.  4.]  State  of  Maryland.  73 

except  jurisdiction  in  Equity,  and  except  in 
applications  for  the  benefit  of  the  Insolvent 
Laws  of  Maryland,  and  in  cases  of  Appeal 
from  judgments  of  Justices  of  the  Peace  in 
said  City,  whether  civil  or  criminal,  or  arising 
under  the  ordinances  of  the  Mayor  and  City 
Council  of  Baltimore,  of  all  of  which  appeal 
cases  the  Baltimore  City  Court  shall  have 
exclusive  jurisdiction;  and  the  said  Court  of 
Common  Pleas  shall  have  exclusive  jurisdic- 
tion in  all  applications  for  the  benefit  of  the 
Insolvent  Laws  of  Maryland,  and  the  super- 
vision and  control  of  the  Trustees  thereof. 

Sec.  29.  The  Circuit  Court  of  Baltimore  jurisdiction  of 
City  shall  have  exclusive  jurisdiction  in  Equity  5^337;  is 
within  the  limits  of  said  city,  and  all  such 
jurisdiction  as  the  present  Circuit  Court  of 
Baltimore  City  has ;  provided,  the  said  Court 
shall  not  have  jurisdiction  in  applications  for 
the  writ  of  habeas  corpus  in  cases  of  persons 
charged  with  criminal  offences. 

Sec.  30.  The  Criminal  Court  of  Baltimore  juristiiction  of 

Criminal  Court. 

shall   have   and   exercise   all   the  jurisdiction,  i8g,c.344;i853, 

now  held  and  exercised  by  the  Criminal  Court 

of  Baltimore,  except  in  such  Appeal  Cases  as 

are    herein    assigned   to    the    Baltimore   City 

Court. 

Sec.  31.   There  shall  be  elected  by  the  le^al  supreme  Bend. 

*^         of  Baltimore 

and  qualified  voters  of  said  City,  at  the  elec-  ^*y- 
tion,    hereinbefore    provided    for,    one   Chief 
Judge,  and  four  Associate  Judges,  who,  toge- 
ther, shall   constitute  the  Supreme  Bench  of 


74 


CoNSTITUTIOISr   OF  THE 


[Art.  4. 


Term  15  years. 


Salary. 


Assignment  of 
Judges. 


May  be 
changed  from 
time  to  time. 


Baltimore  City,  and  shall  hold  their  offices  for 
the  term  of  fifteen  years,  subject  to  the  provi- 
sions of  this  Constitution  with  regard  to  the 
election  and  qualifications  of  Judges,  and  their 
removal  from  office,  and  shall  exercise  the 
jurisdiction,  hereinafter  specified,  and  shall 
each  receive  an  annual  salary  of  three  thou- 
sand five  hundred  dollars,  payable  quarterly, 
which  shall  not  be  diminished  during  their 
term  of  office;  but  authority  is  hereby  given 
to  the  Mayor  and  City  Council  of  Baltimore 
to  pay  to  each  of  the  said  Judges  an  annual 
addition  of  five  hundred  dollars  to  their  re- 
spective salaries;  provided,  that  the  same, 
being  once  granted,  shall  not  be  diminished, 
nor  increased,  during  the  contijiuance  of  said 
Judges  in  office. 

Sec.  32.  It  shall  be  the  duty  of  the  said 
Supreme  Bench  of  Baltimore  City,  as  soon  as 
the  Judges  thereof  shall  be  elected  and  duly 
qualified,  and  from  time  to  time,  to  provide 
for  the  holding  of  each  of  the  aforesaid  Courts, 
by  the  assignment  of  one,  or  more  of  their 
number  to  each  of  the  said  Courts,  who  may 
sit  either,  separately,  or  together,  in  the  trial 
of  cases;  and  the  said  Supreme  Bench  of  Bal- 
timore City  may,  from  time  to  time,  change 
the  said  assignment,  as  circumstances  may  re- 
quire, and  the  public  interest  may  demand; 
and  the  Judge,  or  Judges,  so  assigned  to  the 
said  several  Courts,  shall,  when  holding  the 
same,  have  all  the  powers  and  exercise  all  the 


Akt.  4.]  State  of  Majiyland.  75 

jurisdiction,  which  .may  belong  to  the  Court  Jurisdiction. 

so  being  held;  and  it  shall  also  be  the  duty 

of  the  said  Supreme  Bench  of  Baltimore  City, 

in  case  of  the   sickness,  absence,  or  disability  sickness,    . 

absence.  &c. 

of  any  Judge  or  Judges,  assigned  as  afore- 
said, to  provide  for  the  hearing  of  the  cases, 
or  transaction  of  the  business  assigned  to  said 
Judge,  or  Judges,  as  aforesaid,  before  some 
one,  or  more  of  the  Judges  of  said  Court. 

Sec.  33.   The  said  Supreme  Bench  of  Balti-  General  Terms. 
more  City  shall  have  power,  and  it  shall  be 
its  duty,  to  provide  for  the  holding  of  as  many 
general  Terms  as  the  performance  of  its  duties 
may  require,  such   general  Terms  to  be  held 
by  not  less  than   three  Judges;   to  make  all 
needful  rules  and  regulations  for  the  conduct  Rules  to  be 
of  business  in  each  of  the  said  Courts,  during 
the    session    thereof,   and    in   vacation,,  or   in 
Chambers,   before   any   of   said   Judges;    and 
shall   also   have  jurisdiction   to  hear  and  de- 
termine all   motions  for  a  new  trial  in  cases  jurisdiction 
tried  in  any  of  said  Courts,  where  such  mo-  ''°'"''  ""'' 
tions  arise  either,  on  questions  of  fact,  or  for 
misdirection   upon   any   matters  of  Law,  and 
all  motions   in   arrest   of  judgment,  or  upon 
any  matters  of  Law  determined  by  the  said 
Judge,  or  Judges,  while  holding  said   several 
Courts ;  and  the  said  Supreme  Bench  of  Bal- 
timore City  shall  make  all  needful  rules  and 
regulations   for   the   hearing  before   it   of  all 
of  said  matters ;  and  the  same  right  of  appeal  Right  of 
to  the  Court  of  Appeals  shall  be  allowed  from 


76 


Constitution  of  the 


[Art.  4. 


No  appeal  on 
decisions  on 
appeal  from 
Justices  of  the 


Test  of  Writs. 


Quorum  three 
Judges. 


Cases  pending 
to  be  proceeded 
with. 


the  determination  of  the  said  Court  on  such 
matters,  as  would  have  been  the  right  of  the 
parties  if  said  matters  had  been  decided  by 
the  Court  in  which  said  cases  were  tried. 

Sec.  34.  No  appeal  shall  lie  to  the  Supreme 
Bench  of  Baltimore  City  from  the  decision  of 
the  Judge,  or  Judges,  holding  the  Baltimore 
City  Court,  in  case  of  appeal  from  a  Justice 
of  the  Peace ;  but  the  decision  by  said  Judge, 
or  Judges,  shall  be  final;  and  all  writs  and 
other  process  issued  out  of  either  of  said 
Courts,  requiring  attestation,  shall  be  attested 
in  the  name  of  the  Chief  Judge  of  the  said 
Supreme  Bench  of  Baltimore  City. 

Sec.  35.  Three  of  the  Judges  of  said  Su- 
preme Bench  of  Baltimore  City,  shall  consti- 
tute a  quorum  of  said  Court. 

Sec.  36.  All  causes  depending,  at  the  adop- 
tion of  this  Constitution,  in  the  Superior  Court 
of  Baltimore  City,  the  Court  of  Common  Pleas, 
the  Criminal  Court  of  Baltimore,  and  the  Cir- 
cuit Court  of  Baltimore  City  shall  be  pro- 
ceeded in,  and  prosecuted  to  final  judgment, 
or  decree,  in  the  Courts,  respectively,  of  the 
same  name  established  by  this  Constitution, 
except  cases  belonging  to  that  class,  jurisdic- 
tion over  which  is  by  this  Constitution  trans- 
ferred to  the  Baltimore  City  Court,  all  of 
which  shall,  together  with  all  cases  now  pend- 
ing in  the  City  Court  of  Baltimore,  be  pro- 
ceeded in,  and  prosecuted  to  final  judgment 
in  said  Baltimore  City  Court. 


Aet.  4.]  State  of  Maryland.  77 

Sec.  37.    There  shall  be  a  Clerk  of  each  of  cjerks  to  be 

elected  by  the 

the  said  Courts  of  Baltimore  City,  except  the  ^^''^'^^^ 
Supreme  Bench,  who  shall  be  elected  by  the 
legal  and  qualified  voters  of  said  City,  at  the 
election  to  be  held  in  said  city  on  the  Tuesday 
next  after  the  First  Monday  of  November,  in 
the  year  eighteen  hundred  and  sixty-seven, 
and  shall  hold  his  office  for  six  years  from  the  Term  e  year* 
time  of  his  election,  and  until  his  successor 
is  elected  and  qualified,  and  be  re-eligible 
thereto,  subject  to  be  removed  for  wilful'  ne- 
glect of  duty,  or  other  misdemeanor  in  office, 
on  conviction  in  a  Court  of  Law.  The  salary  » •'^"e'*  ^3,500. 
of  each  of  the  said  Clerks  shall  be  thirty-five 
hundred  dollars  a  year,  payable  only  out  of 
the  fees  and  receipts  collected  by  the  Clerks 
of  said  City,  and  they  shall  be  entitled  to  no  Perquisites  nat 

*'  '  *'  allowed. 

other  perquisites,  or  compensation.  In  case  of 
a  vacancy  in  the  office  of  Clerk  of  any  of  said  vacancy. 
Courts,  the  Judges  of  said  Supreme  Bench 
of  Baltimore  City  shall  have  power  to  fill 
such  vacancy  until  the  general  election  of 
Delegates  to  the  General  Assembly,  to  be 
held  next  thereafter,  when  a  Clerk  of  said 
Court  shall  be  elected  to  serve  for  six  years 
thereafter;  and  the  provisions  of  this  Article 
in  relation  to  the  appointment  of  Deputies  by 
the  Clerks  of  the  Circuit  Courts  in  the  Coun- 
ties shall  apply  to  the  Clerks  of  the  Courts  in 
Baltimore  City. 
Sec.  38.   The  Clerk  of  the  Court  of  Common  Authority  of 

Clerks  of  Com- 

Pleas  shall  have  authority  to  issue  within  said  TrerlirSourl 


78.  CoNSTiTUTioi<r  of  the  [Art.  4. 

City,  all  marriage  and  other  licenses  required 
by  Law,  subject  to  such  provisions  as  are  now, 
or  may  be  prescribed  by  Law.  The  Clerk  of 
the  Superior  Court  of  said  City  shall  receive 
and  record  all  Deeds,  Conveyances,  and  other 
papers,  which  are,  or  may  be  required  by 
Law,  to  be  recorded  in  said  City.  He  shall 
also  have  custody  of  all  papers  connected 
with  the  proceedings  on  the  Law,  or  Equity 
side  of  Baltimore  County  Court,  and  of  the 
Dockets  thereof,  so  far  as  the  same  have  rela- 
tion to  the  City  of  Baltimore,  and  shall  also 
discharge  the  duties  of  Clerk  to  the  Supreme 
Bench  of  Baltimore  City,  unless  otherwise 
provided  by  Law. 
Another  Court  Sec.  39.  Thc  Geucral  Assembly  shall,  when- 
ever it  may  think  the  same  proper  and  expe- 
dient, provide,  by  Law,  another  Court  for  the 
City  of  Baltimore,  and  prescribe  its  jurisdic- 
tion and  powers ;  in  which  case  there  shall  be 
elected  by  the  voters  of  said  City,  qualified 
under  this  Constitution,  another  Judge  of  the 
Supreme  Bench  of  Baltimore  City,  who  shall 
be  subject  to  the  same  constitutional  provi- 
sions, hold  his  office  for  the  same  term  of 
years,  receive  the  same  compensation,  and 
have  the  same  powers,  as  are  herein  provided 
for  the  Judges  of  said  Supreme  Bench  of  Bal- 
timore City ;  and  all  of  the  provisions  of  this 
Constitution  relating  to  the  assignment  of 
Judges  to  the  Courts,  now  existing  in  said 
City,  and  for  the  dispatch  of  business  therein, 


in  Baltimore 

City. 

1853,  c.  122,  391. 

1867,  c.  401- 


Art.  4.]  State  of  Maryland.  7-9 

shall  apply  to  the  Court,  for  whose  creation 
provision  is  made  by  this  Section.  And  the 
General   Assembly   may   reapportion,   change,  Reapportion- 

...  o         1  1    ^^^^  ^^  Juris- 

or  enlarge  the  jurisdiction  oi  the  several  ^^JiJecoifrts" 
Courts  in  Baltimore  City.  Until  otherwise 
provided  by  Law,  the  Clerk  of  the  Superior 
Court  of  Baltimore  City,  of  the  Court  of  Com- 
mon Pleas,  of  the  Circuit  Court  of  Baltimore 
City,  of  the  Baltimore  City  Court,  and  of  the 
Criminal  Court  of  Baltimore,  shall  each  give 
Bond  in  such  penalty  as  is  now  prescribed,  by  cierks' bodos. 
Law,  to  be  given  by  the  Clerks  of  the  Courts, 
bearing  the  same  names,  under  the  present 
Constitution. 


Part  Y— Orphans'  Courts. 

Sec.  40.   The  qualified  voters  of  the  City  of  Three  judges. 
Baltimore,  and  of  the  several  Counties,  shall 
on  the  Tuesday  next  after  the  first  Monday  in 
November  next,  and  on  the  same  day  in  every 
fourth  year  thereafter,  elect  three   men   to  be  Term  four 

years. 

Juds-es  of  the  Orphans'  Courts  of  said   City  i852,c.2o,48,62, 

^  -^        ,  *^     73,  139,  247,  290, 

and  Counties,  respectively,  who  shall  be  citi-  uil^i^'ka,'^!: 
zens  of  the  State,  and  residents  for  the  twelve 
months  preceding,  in  the  City,  or  County,  for 
which  they  may  be  elected.  They  shall  have 
all  the  powers  now  vested  in  the  Orphans'  Jurisdiction. 
J^ourts  of  the  State,  subject  to  such  changes 
as  the  Legislature  may  prescribe.  Each  of 
said  Judges  shall  be  paid  a  per  diem  for  the  per  Diem. 


80 


Constitution  of  the 


[Akt.  4. 


Vacancy. 


Register  of 
Wills. 
14  Md.  40. 


Term  six  years. 


Vacancy. 


time  they  are  actually  in  session,  to  be  regu- 
lated by  Law,  and  to  be  paid  by  the  said 
City,  or  Counties  respectively.  In  case  of  a 
vacancy  in  the  office  of  Judge  of  the  Orphans' 
Court,  the  Governor  shall  appoint,  subject  to 
confirmation,  or  rejection  by  the  Senate,  some 
suitable  person  to  fill  the  same  for  the  residue 
of  the  term. 

Sec.  41.  There  shall  be  a  Eegister  of  Wills 
in  each  county  of  the  State,  and  the  city  of 
Baltimore,  to  be  elected  by  the  legal  and 
qualified  voters  of  said  counties  and  city,  re- 
spectively, who  shall  hold  his  office  for  six 
years  from  the  time  of  his  election,  and  until 
his  successor  is  elected  and  qualified ;  he  shall 
be  re-eligible,  and  subject  at  all  times  to  re- 
moval for  wilful  neglect  of  duty,  or  misde- 
meanor in  office  in  the  same  manner  that  the 
Clerks  of  the  Courts  are  removable.  In  the 
event  of  any  vacancy  in  the  office  of  Register 
of  Wills,  said  vacancy  shall  be  filled  by  the 
Judges  of  the  Orphans'  Court,  in  which  such 
vacancy  occurs,  until  the  next  general  election 
for  Delegates  to  the  General  Assembly,  when 
a  Register  shall  be  elected  to  serve  for  six 
years  thereafter. 


Part  *YI — Justices  op  the  Peace. 


Governortoap.        ^^^'  ^^^    ^hc  Govcmor,  by  aud  with   the 
point  Justices,     ^^^[qq   ^ud   couscut  of  thc   Senate,  shall  ap- 


Art.  4.]  State  of  Maryland.  81 

point  sucli  number  of  Justices  of  the  Peace, 
and  the  County  Commissioners  of  the  several 
counties,  and  the  Mayor  and  City  Council  of 
Baltimore,  respectively,  shall  appoint  such 
number   of    Constables,  for   the   several  Elec-  nSonersTnd 

Mayor  to  ap- 

tion  Districts  of  the  Counties,  and  Wards  of  gi'^°^  ^'''''*^ 
the   City   of  Baltimore,  as   are   now,    or  may  J^S^/isti.^c^^' 
hereafter  be  prescribed  by  Law;  and  Justices 
of    the   Peace    and   Constables,   so   appointed, 
shall  be  subject  to  removal  by  the  Judge,  or  R«i»o^ai. 
Judges,   having   criminal    jurisdiction    in   the 
county,  or   city,  for   incompetency,  wilful  ne- 
glect  of  duty,  or   misdemeanor   in   office,   on 
conviction  in  a  Court   of  Law.*    The   Justices 
of  the   Peace   and    Constables,   so   appointed, 
and   commissioned,   shall   be   Conservators   of 
the  Peace,  shall  hold  their  office  for  two  years,  yZTs.^^^"" 
and   shall   have   such  jurisdiction,  duties   and  i852't!l76?239; 
compensation,  subject  to  such  right  of  appeal,  l^^zf/^e-'bm. 
in  all  cases,  from  the  judgment  of  Justices  of 
the  Peace,  as  hath  been   heretofore  exercised, 
or  shall  be  hereafter  prescribed  by  Law. 

Sec.  43.    In   the  event  of  a  vacancy  in  the  vacancies. 

A      1  -r.  1  A  14  Md.   215;    15 

office  of  a  Justice  of  the  Peace,  the  Governor  m^.  376;  iseo, 

'  0.7. 

shall  appoint  a  person  to  serve,  as  Justice  of 
the  Peace,  for  the  residue  of  the  term ;  and  in 
case  of  a  vacancy  in  the  office  of  Constable, 
the  County  Commissioners  of  the  county  in 
which  the  vacancy  occurs,  or  the  Mayor  and 
City  Council  of  Baltimore,  as  the  case  may 
be,  shall  appoint  a  person  to  serve  as  Consta- 
ble for  the  residue  of  the  term. 


82 


COI^STITUTION   OF   THE 


[Art.  4 


Part  YII — Sheriffs. 


Election. 


Qualification. 
2  G.  487. 


Term  two 

years. 


Bond. 


Vacancy. 


Coroners,  &c. 


Sec.  44.  There  shall  be  elected  in  each 
county,  and  in  the  City  of  Baltimore,  in 
every  second  year,  one  person,  resident  in 
said  county  or  city,  above  the  age  of  twenty- 
five  years,  and  at  least  five  years  preceding 
his  election,  a  citizen  of  this  State,  to  the 
office  of  Sheriff.  He  shall  hold  his  office  for 
two  years,  and  until  his  successor  is  duly 
elected  and  qualified;  shall  be  ineligible  for 
two  years  thereafter,  shall  give  such  bond, 
exercise  such  powers,  and  perform  such  duties 
as  now  are,  or  may  hereafter  be  fixed  by  Law. 
In  case  of  a  vacancy  by  death,  resignation, 
refusal  to  serve,  or  neglect  to  qualify,  or  give 
bond,  or  by  disqualification,  or  removal  from 
the  county,  or  city,  the  Governor  shall  ap- 
point a  person  to  be  Sheriff  for  the  remainder 
of  the  official  term. 

Sec.  45.  Coroners,  Elisors,  and  Notaries 
Public  may  be  appointed  for  each  county, 
and  the  city  of  Baltimore,  in  the  manner,  for 
the  purpose,  and  with  the  powers  now  fixed, 
or  which  may  hereafter  be  prescribed  by 
Law. 


Art.  5.]  State  of  Maryland.  83 

ARTICLE  V. 

Attorney  General  and  State's  Attorneys. 
Attorney  General. 


Election. 


Section  1.  There  shall  be  an  Attorney- 
General  elected  by  the  qualified  voters  of  the 
State,  on  general  ticket,  on  the  Tuesday  next 
after  the  first  Monday  in  the  month  of  No- 
vember, Eighteen  hundred  and  sixty-seven, 
and  on  the  same  day,  in  every  fourth  year 
thereafter,  who  shall  hold  his  office  for  four  Term  four 
years  from  the  time  of  his  election  and  quali- 
fication, and  until  his  successor  is  elected  and 
qualified,  and  shall  be  re-eligible  thereto,  and  Removal. 
shall  be  subject  to  removal  for  incompetency, 
wilful  neglect  of  duty,  or  misdemeanor  in 
ofiice,  on  conviction  in  a  Court  of  Law. 

Sec.  2.   All  elections  for  Attorney-General  Returns  to  be 
shall  be  certified  to,  and  returns  made  thereof  Governor. 
by  the  Clerks  of  the  Circuit  Courts  of  the  seve- 
ral  counties,  and  the  •  Clerk   of  the  Superior 
Court  of  Baltimore  City,  to  the  Governor  of  the 
State,  whose  duty  it  shall  be  to  decide  on  the 
election  and  qualification  of  the  person  return- 
ed ;  and  in  case  of  a  tie  between  two  or  more  ^^^^^  ^^  ^.^ 
persons,   to   designate   which  of    said   persons 
shall  qualify  as  Attorney  General,  and  to  ad- 
minister the  oath  of  ofiSce  to  the  person  elected. 

Sec.  3.   It  shall  be  the  duty  of  the  Attorney  Duties 
General  to  prosecute  and  defend  on  the  part 


84 


Constitution  of  the 


[Art.  5. 


0|>fnions  to  be 
given  when 
required. 


Prosecute 
suits. 


Salary,  $3,000. 


Perquisites  not 
allowed. 


Other  Counsel 
not  to  be 
employed. 


of  the  State,  all  cases,  which  at  the  time  of 
his  appointment  and  qualification,  and  which 
thereafter  may  be  depending  in  the  Court  of 
Appeals,  or  in  the  Supreme  Court  of  the 
United  States,  by  or  against  the  State,  or 
wherein  the  State  may  be  interested;  and  he 
shall  give  his  opinion  in  writing  whenever 
required  by  the  General  Assembly,  or  either 
Branch  thereof,  the  Governor,  the  Comptrol- 
ler, the  Treasurer,  or  any  State's  Attorney, 
on  any  legal  matter,  or  subject  depending 
before  them,  or  either  of  them;  and  when 
required  by  the  Governor,  or  the  General  As- 
sembly, he  shall  aid  any  State's  Attorney  in 
prosecuting  any  suit  or  action  brought  by 
the  State  in  any  Court  of  this  State;  and  he 
shall  commence  and  prosecute,  or  defend,  any 
suit  or  action  in  any  of  said  Courts,  on  the 
part  of  the  State,  which  the  General  Assem- 
bly, or  the  Governor,  acting  according  to 
Law,  shall  direct  to  be  commenced,  prose- 
cuted or  defended;  and  he  shall  receive  for 
his  services  an  annual  -salary  of  Three  Thou- 
sand dollars;  but  he  shall  not  be  entitled 
to  receive  any  fees,  perquisites,  or  rewards, 
whatever,  in  addition  to  the  salary  aforesaid, 
for  the  performance  of  any  official  duty ;  nor 
have  power  to  appoint  any  agent,  represen- 
tative, or  deputy,  under  any  circumstances, 
whatever;  nor  shall  the  Governor  employ 
any  additional  counsel  in  any  case,  whatever, 
unless   authorized   by   the   General  Assembly. 


ral  to  be  notified 


Abt.  5.]  State  of  Makyland.  85 

Sec.  4.     No  person  shall  be  eligible  to  the  Qualifications. 
office  of  Attorney  General,  who  is  not  a  citi- 
zen of  this  State,  and  a  qualified  voter  therein, 
and  has  not  resided  and  practiced  Law  in  this 
State  for  at  least  ten  years. 

Sec.  5.  In  case  of  vacancy .  in  the  office  vacancy. 
of  Attorney  General,  occasioned  by  death, 
resignation,  removal  from  the  State,  or  from 
office,  or  other  disqualification,  the  said  va- 
cancy shall  be  filled  by  the  Governor,  for  the 
residue  of  the  term  thus  made  vacant. 

Sec.  6.  It  shall  be  the  duty  of  the  Clerk  of  Attorney  Gene. 
the  Court  of  Appeals  and  of  the  Commis-  oV state. 
sioner  of  the  Land  Office,  respectively,  when- 
ever a  case  shall  be  brought  into  said  Court, 
or  office,  in  which  the  State  is  a  party,  or  has 
interest,  immediately  to  notify  the  Attorney- 
General  thereof. 


The  State's  Attorneys. 

Sec.  7  There  shall  be  an  Attorney  for  the  Election. 
State  in  each  county,  and  the  city  of  Balti- 
more, to  be  styled  "The  State's  Attorney," 
who  shall  be  elected  by  the  voters  thereof, 
respectively,  on  the  Tuesday  next  after  the 
first  Monday  in  November  in  the  year 
eighteen  hundred  and  sixty-seven,  and  on  the 
same  day  every  fourth  year  thereafter;  and 
shall  hold  his  office  for  four  years  from  the  Term  four  years. 
first   Monday   in   January   next    ensuing    his 


86 


Constitution  of  the 


[Art.  5. 


Removal. 


Iteturns  to  be 
made  to  Crimi- 
nal Judges. 


Case  of  tie. 


Deputy  in 
Baltimore  City. 


election,  and  until  his  successor  shall  be 
elected  and  qualified;  and  shall  be  re-eligible 
thereto,  and  be  subject  to  removal  therefrom, 
for  incompetency,  wilful  neglect  of  duty,  or 
misdemeanor  in  office,  on  conviction  in  a 
Court  of  Law,  or  by  a  vote  of  two-thirds  of 
the  Senate,  on  the  recommendation  of  the 
Attorney  General. 

Sec.  8.  All  elections  for  the  State's  Attor- 
ney shall  be  certified  to,  and  Keturns  made 
thereof,  by  the  Clerks  of  the  said  counties  and 
city,  to  the  Judges  thereof,  having  criminal 
jurisdiction,  respectively,  whose  duty  it  shall 
be  to  decide  upon  the  elections  and  qualifica- 
tions of  the  Persons  returned;  and,  in  case 
of  a  tie  between  two  or  more  Persons,  to 
designate  which  of  said  Persons  shall  qualify 
as  State's  Attorney,  and  to  administer  the 
oaths  of  office  to  the  Person  elected. 

Sec.  9.  The  State's  Attorney  shall  perform 
such  duties  and  receive  such  fees  and  com- 
missions as  are  now,  or  may  hereafter  be,  pre- 
scribed by  law,  and  if  any  State's  Attorney 
shall  receive  any  other  fee  or  reward,  than 
such  as  is,  or  may  be  allowed  by  Law,  he 
shall,  on  conviction  thereof,  be  removed  from 
office ;  provided,  that  the  State's  Attorney  for 
Baltimore  City  shall  have  power  to  appoint 
one  Deputy,  at  a  salary  of  not  more  than 
Fifteen  Hundred  dollars  per  annum,  to  be 
paid  by  the  State's  Attorney  out  of  the  fees 
of  his  office,  as  has  heretofore  been  practiced. 


Art.  5.]  State  of  Maryland.  87 

Sec.  10.  No  person  shall  be  eligible  to  the  Qualifications. 
office  of  State's  Attorney,  who  has  not  been 
admitted  to  practice  Law  in  this  State,  and 
who  has  not  resided,  for  at  least  two  years, 
in  the  county,  or  city,  in  which  he  may  be 
elected. 

Sec.  11.  In  case  of  vacancy  in  the  office  of  vacancy. 
State's  Attorney,  or,  of  his  removal  from  the 
county,  or  city,  in  which  he  shall  have  been 
elected,  or,  on  his  conviction,  as  herein  speci- 
fied, the  said  vacancy  shall  be  filled  by  the 
Judge  of  the  county,  or  city,  respectively, 
having  criminal  jurisdiction,  in  which  said 
vacancy  shall  occur,  for  the  residue  of  the 
term  thus  made  vacant. 

Sec.  12.  The  State's  Attorney,  in  each  couect 
county,  and  the  city  of  Baltimore,  shall  have 
authority  to  collect,  and  give  receipt,  in  the 
name  of  the  State,  for  such  sums  of  money  as 
may  be  collected  by  him,  and  forthwith  make 
return  of,  and  pay  over  the  same,  to  the  pro- 
per accounting  officer.  And  the  State's  Attor- 
ney of  each  county,  and  the  city  of  Baltimore, 
before  he  shall  enter  on  the  discharge  of  his 
duties,  shall  execute  a  Bond  to  the  State  of 
Maryland,  for  the  faithful  performance  of  his 
duties,  in  the  penalty  of  ten  thousand  dollars,  Bond$io 
with  two  or  more  sureties,  to  be  approved  by 
the  Judge  of  the  Court,  having  criminal  juris- 
diction, in  said  counties  or  city. 


money 
for  the  State. 


88 


Constitution  of  the 


[Art.  6. 


ARTICLE  VI. 


Treasury  Department. 


Comptroller  Section  1.  There  shall  be  a  Treasury  De- 

ana  Treasurer.  •' 

partment,  consisting  of  a  Comptroller,  chosen 
by  the  qualified  electors  of  the  State,  at  each 
regular  election  of  members  of  the  House 
of  Delegates,  who  shall  receive  an  annual 
Salaries  $2,600  sakrj  of  Two  Thousaud  Five  Hundred  dol- 
4  M.i.  189;  1853,  lars  I  aud  a  Treasurer  to  be  appointed  by  the 

c.  403;    1852,   c.  n      i  -r  •    i  i 

!•-•  two  Houses  of  the  Legislature,  at  each  regu- 

lar session  thereof,  on  joint  ballot,  who  shall 
receive  an  annual  salary  of  Two  Thousand 
Five  Hundred  dollars  ;  and  the  terms  of  office 
of  the  said  Comptroller  and  Treasurer  shall 
J^e  for  two  years,  and  until  their  successors 
shall  qualify  ;  and  neither  of  the  said  officers 

Perquisites  not  shall  bc  allowcd,  or  receive  any  fees,  commis- 
sions  or  perquisites  of  any  kind,  in  addition 
to  his  salary,  for  the  performance  of  any  duty 
or  services  whatsoever.  In  case  of  a  vacancy 
in  either  of  the  offices,  by  death,  or  otherwise, 
the  Governor,  by  and  with  the  advice  and 
consent  of  the  Senate,  shall  fill  such  vacancy, 
by  appointment  to  continue  until  another 
election,  or  a  choice  by  the  Legislature,  as 
the  case  may  be,  and  until  the  qualification 
of  the  successor.  The  Comptroller  and  the 
Treasurer  shall  keep  their  offices  at  the  seat 
of  Government,  and  shall  take  such  oath,  and 


Terms  two 
years. 


allowed. 


Tacancy. 


Office, 


Art.  6.]  State  of  Maryland.  89. 

enter   into   such    bonds   for   the   faithful   dis-  Bond. 
charge   of  their   duties,  as   are   now,  or   may 
hereafter  be,  prescribed  by  Law. 

Sec.  2.  The  Comptroller  shall  have  the  comptrollers 
general  superintendence  of  the  fiscal  affairs  of 
the  State;  he  shall  digest  and  prepare  plans 
for  the  improvement  and  management  of  the 
Revenue,  and  for  the  support  of  the  Public 
Credit;  prepare  and  report  estimates  of  the 
Revenue  and  Expenditures  of  the  State;  su-  Revenue  plans. 
perintend   and   enforce  the   prompt  collection  collection  of 

•*•  .  Taxes. 

of  all  Taxes  and  Revenue;  adiust  and  settle,  Beiinquem 

'  «^  '    Collectors. 

on  terms,  prescribed  by  Law,  with  delinquent 
Collectors  and  Receivers  of  taxes  and  State 
revenue;  preserve  all  Public  Accounts;  de- 
cide on  the  forms  of  keeping  and  stating  Ac-  Forms  of 

Accounts. 

counts;    grant,   under  regulations,   prescribed 

by   Law,  all  warrants   for   money  to  be  paid  warrants  for 

ti  '  */  1.  money. 

out  of  the  Treasury,  in  pursuance  of  appro-  sfo^,J;c^^23tf8?2, 
priations  by  Law;  and  countersign  all  checks  c:82%6?i/Md: 
drawn  by  the  Treasurer  upon  any  Bank  or 
Banks,  in  which  the  moneys  of  the  State  may, 
from  time  to  time,  be  deposited;  prescribe 
the  formalities  of  the  transfer  of  stock,  or 
other  evidence  of  the  State  Debt,  and  coun- 
tersign the  same,  without  which,  such  Evi- 
dence shall  not  be  valid;  he  shall  make  to 
the  General  Assembly  full  Reports  of  all  his  Reports  to 

1         A      1  Aim  Legislature. 

proceedings,  and  of  the  state  of  the  Treasury 
Department,  within  ten  days  after  the  com- 
mencement of  each  Session ;  and  perform  such 
other  duties  as  shall  be  prescribed  by  Law. 


90 


Constitution  of  the 


[Aet.  6. 


Treasurer's 
duties. 


Receive  and 

deposit 

moneys. 


Banks  to  giv( 
Security. 


Disburse- 
ments. 


Warrants. 


Transfer  of 
Bunds. 


Sec.  3.  The  Treasurer  shall  receive  the 
moneys  of  the  State,  and,  until  otherwise  pre- 
scribed by  Law,  deposit  them,  as  soon  as 
received,  to  the  credit  of  the  State,  in  such 
Bank,  or  Banks,  as  he  may,  from  time  to  time, 
with  the  approval  of  the  Governor,  select, 
(the  said  Bank  or  Banks  giving  security, 
satisfactory  to  the  Governor,  for  the  safe  keep- 
ing and  forthcoming,  when  required,  of  said 
Deposits,)  and  shall  disburse  the  same  for  the 
purposes  of  the  State,  according  to  Law,  upon 
warrants  drawn  by  the  Comptroller,  and  on 
checks,  countersigned  by  him,  and  not  other- 
wise; he  shall  take  receipts  for  all  moneys 
paid  by  him;  and  receipts  for  moneys  re- 
ceived by  him  shall  be  endorsed  upon  war- 
rants, signed  by  the  Comptroller;  without 
which  Warrants,  so  signed,  no  acknowledg- 
ment of  money  received  into  the  Treasury 
shall  be  valid ;  and  upon  warrants,  issued  by 
the  Comptroller,  he  shall  make  arrangements 
for  the  payment  of  the  interest  of  the  Public 
Debt,  and  for  the  purchase  thereof  on  ac- 
count of  the  Sinking  Fund.  Every  Bond, 
Certificate,  or  other  Evidence  of  the  debt  of 
the  State,  shall  be  signed  by  the  Treasurer, 
and  countersigned  by  the  Comptroller  ;  and  no 
new  Certificate,  or  other  Evidence  intended 
to  replace  another,  shall  be  issued  until  the 
old  one  shall  be  delivered  to  the  Treasurer, 
and  authority  executed  in  due  form  for  the 
transfer  of  the  same  filed  in  his  ofiice,  and  the 


Aet.  6.]  State  of  Maryland.  91 

transfer  accordingly  made  on  the  books  there- 
of, and  the  certificate  or  other  evidence  can- 
celled; but  the  Legislature  may  make  provi- 
sions for  the  loss  of  certificates,  or  other  evi-  loss  of  bou.is. 
dences  of  the  debt;  and  may  prescribe  by 
Law,  the  manner  in  which  the  Treasurer  shall 
receive  and  keep  the  moneys  of  the  State. 

Sec.   4.    The    Treasurer    shall    render    his  Treasurer 

to  render 

Accounts,  quarterly,  to  the  Comptroller ;  and  c^niTvluer, 
shall  publish,  monthly,  in  such  newspapers  as  j;;?^*'' ^^s'"^''" 
the  Governor  may  direct,  an  abstract  thereof, 
showing  the  amount  of  cash  on  hand,  and  the 
place,  or  places  of  deposit  thereof;  and  on 
the  third  day  of  each  regular  session  of  the 
Legislature,  he  shall  submit  to  the  Senate  and 
House  of  Delegates  fair  and  accurate  copies 
of  all  Accounts  by  him,  from  time  to  time, 
rendered  and  settled  with  the  Comptroller. 
He  shall,  at  all  times,  submit  to  the  Comptrol- 
ler the  inspection  of  the  money  in  his  hands, 
and  perform  all  other  duties  that  shall  be 
prescribed  by  Law. 

Sec.  5.  The  Comptroller  shall  qualify,  and  wiiencomp. 
enter  on  the  duties  of  his  office,  on  the  third  ?; quaufj. 
Monday  of  January  next  succeeding  the  time 
of  his  election,  or  as  soon  thereafter  as  practi- 
cable. And  the  Treasurer  shall  qualify  within 
one  month  after  his  appointment  by  the  Legis- 
lature. 

Sec.  6.  Whenever  during  the  recess  of  the  Governor  may 

^  remove  Comp- 

Legislature  charges   shall  be  preferred  to  the  Kur°r? 
Governor    against    the   Comptroller  or   Trea- 


92  Constitution  of  the  [Aet.  7. 

surer,  for  incompetency,  malfeasance  in  office, 
wilful  neglect  of  duty,  or  misappropriation  of 
the  funds  of  the  State,  it  shall  be  the  duty  of 
the  Governor  forthwith  to  notify  the  party  so 
charged,  and  fix  a  day  for  a  hearing  of  said 
charges;  and  if,  from  the  evidence  taken, 
under  oath,  on  said  hearing  before  the  Gover- 
nor, the  said  allegations  shall  be  sustained,  it 
shall  be  the  duty  of  the  Governor  to  remove 
said  ofiending  officer,  and  appoint  another 
in  his  place,  who  shall  hold  the  office  for  the 
unexpired  term  of  the  officer  so  removed. 


AETICLE   VII. 

Sundry    Officers. 

County  Com-  Section  "  1.    Couuty  Commissiouers  shall  be 

rMTTes;  20  elected  on   general   ticket  of  each  County,  by 

Md.  459;  1853,  c.      ,  t^i  t*        t  i/->i' 

Hlk^^^F'S  the    qualified  voters   of    the   several   Counties 

l5o6,  c.  85 ;  1866,  ->- 

*''^^*-  of  this  State,  on   the   Tuesday  next   after   the 

first  Monday  in  the  month  of  November, 
eighteen  hundred  and  sixty  seven,  and  on 
the  same  day  in  every  second  year  thereafter. 
Their  number  in  each  County,  their  compen- 
sation, powers  and  duties,  shall  be  such  as  are 
now,  or  may  be  hereafter  prescribed  by  Law. 
Surveyor.  ^EC.  2.  Thc  quallficd  voters  of  each  County, 

1852,0.59.        ^^^   Qf  ^j^g  Q^y   Qf  Baltimore,  shall,   on   the 


Art.  7.]  State  of  Maryland.  93 

Tuesday  next  after  the  first  Monday  in  the 
month  of  November,  in  the  year  eighteen 
hundred  and  sixty-seven,  and  on  the  same 
day  in  every  second  year  thereafter,  elect  a 
Surveyor  for  each  County  and  the  City  of 
Baltimore,  respectively,  whose  term  of  ofiice 
shall  commence  on  the  first  Monday  of  Jan- 
uary next  ensuing  their  election;  and  whose 
duties  and  compensation  shall  be  the  same 
as  are  now,  or  may'  hereafter  be  prescribed  by 
Law.  And  any  vacancy  in  the  ofiice  of  Sur-  vacancy. 
veyor,  shall  be  filled  by  the  Commissioners  of 
the  Counties,  or  by  the  Mayor  and  City  Coun- 
cil of  Baltimore,  respectively,  for  the  residue 
of  the  term. 

Sec.  3.  The  State  Librarian  shall  be  ap-  state  lim 
pointed  by  the  Governor,  by  and  with  the  c.  314 
advice  and  consent  of  the  Senate  and  shall 
hold  his  ofiice  during  the.  term  of  the  Gover- 
nor, by  whom  he  shall  have  been  appointed, 
and  until  his  successor  shall  be  appointed  and 
qualified.  His  salary  shall  be  Fifteen  hun-  saiarj  $1,500 
dred  dollars  a  year ;  and  he  shall  perform  such 
duties  as  are  now,  or  may  hereafter  be  pre- 
scribed by  Law;  and  no  appropriation  shall 
be  made  by  Law,  to  pay  for  any  Clerk,  or 
assistant  to  the  Librarian:  And  it  shall  be 
the  duty  of  the  Legislature,  at  its  first  Ses- 
sion after  the  adoption  of  this  Constitution, 
to  pass  a  Law  regulating  the  mode  and 
manner  in  which  the  Books  in  the  Library 
shall  be  kept  and  accounted  for  by  the  Li- 
7   • 


rarian. 
5  Md.  423:  1856. 


94 


Constitution  of  the 


[Art.  7. 


Bond. 


Oommissioiier  of 
Land  Ofi^ce. 


OnUos. 


brarian,  and  requiring  the  Librarian  to  give 
a  Bond,  in  such  penalty  as  the  Legislature 
may  prescribe,  for  the  proper  discharge  of  his 
duties. 

Sec.  4.     There  shall  be  a  Commissioner  of 

1862,  c.  361;  1853,  thc  Laud  Officc,  who  shall  be  appointed  by 
the  Governor,  by  and  with  the  advice  and 
consent  of  the  Senate,  who  shall  hold  his 
office  during  the  term  of  the  Governor,  by 
whom  he  shall  have  been  appointed,  and 
until  his  successor  shall  be  appointed  and 
qualified.  He  shall  perform  such  duties  as 
are  now  required  of  the  Commissioner  of  the 
Land  Office,  or  such  as  may  hereafter  be  pre- 
scribed by  Law,  and  shall  also  be  the  Keeper 
of  the  Chancery  Records.  He  shall  receive  a 
salary  of  One  Thousand  ^ye  hundred  dollars 
per  annum,  to  be  paid  out  of  the  Treasury, 
and  shall  charge  such  fees  as  are  now,  or  may 
be  hereafter  fixed  by  Law.     He  shall  make  a 

Refort  hie  fees,  seml-aunual  report  of  all  the  fees  of  his  office, 
both  as  Commissioner  of  the  Land  Office,  and 
as  Keeper  of  the  Chancery  Records,  to  the 
Comptroller  of  the  Treasury,  and  shall  pay 
the  same  semi-annually  into  the  Treasury. 

Sec.  5.  The  Commissioner  of  the  Land 
Office  shall  also,  without  additional  compen- 
sation, collect,  arrange,  classify,  have  charge 
of,  and  safely  keep  all  Papers,  Records,  Relics, 
and  other  Memorials  connected  with  the  Early 
History  of  Maryland,  not  belonging  to  any 
other  office. 


Salary  |1,500 


Oollectall  State 
Papeiti 


Art.  8.]  State  of  Maryland.  96 

Sec.  6. '  The  qualified  voters   of   Worcester  wreck 

^  Master. 

County  shall,  on  the  Tuesday  next  after  the 
first  Monday  in  the  month  of  November  in 
the  year  Eighteen  Hundred  and  Sixty-seven, 
and  every  two  years  thereafter,  elect  a  Wreck 
Master  for  said  County,  whose  duties  and  com-  • 
pensation  shall  be  the  sanje  as  are  now,  or 
may  be  hereafter,  prescribed  by  Law ;  the  term 
of  office  of  said  Wreck  Master  shall  commence 
on  the  first  Monday  of  January,  next  succeed- 
ing his  election,  and  a  vacancy  in  said  office  vacancy. 
shall  be  filled  by  the  County  Commissioners 
of  said  County  for  the  residue  of  the  term. 


tem  of 
Free  Schools. 


ARTICLJE   VIII. 

Education. 

Section  1.    The  General  Assembly,   at  its  syste 
First  Session  after  the  adoption  of  this  Con-  i865,T"i7i60; 
stitution,  shall   by   Law   establish   throughout 
the  State  a  thorough  and  efficient  System  of 
Free   Public   Schools;    and   shall   provide   by  Taxation. 
taxation,  or  otherwise,  for  their  maintenance.    ^^^'  ''^" "" 

Sec.  2.   The  System  of   Public   Schools,  as  present  system 
now  constituted,   shall   remain   in   force   until  **'^*^"'®- 
the  end  of  the  said  First  Session  of  the  Gene- 
ral Assembly,  and  shall  then  expire ;   except 


96 


Constitution  of  the 


[Art.  9. 


School  Fund 
inviolate. 


SO  far  as  adopted,  or  continued,  by  the  Gene- 
ral Assembly. 

Sec.  3.  The  School  Fund  of  the  State  shall 
be  kept  inviolate,  and  appropriated  only  to 
the  purposes  of  Education. 


ARTICLE    IX 


Militia  and  Military  Affairs. 


Organization 
and  equip- 
ment. 


Volunteers. 


Adjutant  Gen- 
eral. 
2  Md.  341. 


Court  Martial. 


Duties. 


Section  1.  The  General  Assembly  shall 
make,  from  time  to  time,  such  provision  for 
organizing,  equipping  and  disciplining  the 
Militia,  as  the  exigency  may  require,  and 
pass  such  Laws  to  promote  Volunteer  Militia 
Organizations  as  may  afford  them  effectual 
encouragement. 

Sec.  2.  There  shall  be  an  Adjutant  Gene- 
ral, appointed  by  the  Governor,  by  and  with 
the  advice  and  consent  of  the  Senate.  He 
shall  hold  his  office  until  the  appointment 
and  qualification  of  his  successor,  or  until  re- 
moved in  pursuance  of  the  sentence  of  a  Court 
Martial.  He  shall  perform  such  duties,  and 
receive  such  compensation,  or  emoluments,  as 
are  now,  or  may  be  prescribed  by  Law.  He 
shall  discharge  the  duties  of  his  office  at  the 
seat  of  Government,  unless  absent,  under 
orders,  on  duty ;   and   no  other  officer  of  the 


Art.  10.]  State  of  Maryland.  97 

General    Staff   of    the    Militia    shall    receive 
salary   or   pay,  except  when   on   service,  and  salary. 
mustered  in  with  troops. 
'Sec.  3.    The   existing;   Militia   Law   of   the  Existing  Law 

*^  to  expire. 

State  shall  expire  at  the  end  of  the  next  Ses-  i853,c.m 
sion  of  the  General  Assembly,  except  so  far 
as  it  may  be  re-enacted,  subject  to  the  provi- 
sions of  this  Article. 


ARTICLE  X. 

Labor  and  Agriculture. 
Section  1,    There   shall   be   a   Superinten-  superinten- 

dent. 

dent  of  Labor  and  Agriculture,^  elected  by 
the  qualified  voters  of  this  State  at  the  first 
general  election  for  Delegates  to  the  General 
Assembly  after  the  adoption  of  this  Constitu- 
tion, who  shall  hold  his  oflice  for  the  term  of  Term  four 

•'  years. 

four  years,  and  until  the  election  and  qualifi- 
cation of  his  successor.    > 

Sec.  2.   His  qualifications  shall  be  the  same  Qualifications. 
as  those  prescribed   for   the   Comptroller;   he 
shall  qualify  and  enter  upon  the  duties  of  his  Enter  ofsce. 
oflfice  on  the  second  Monday  of  January  next, 
succeeding  the   time   of  his   election ;    and   a 
vacancy  in  the   ofiice  shall  be  filled  by  the  vacancy. 
Governor  for  the  residue  of  the  term. 


98 


Constitution  of  the 


[Aet.  10. 


Dnties. 


[mmigratioD. 


Salary  $2,500. 


State  Inspec- 
tors, 


Examine 
accounts. 


Tobacco 
Warehouses. 


Inspect  build- 
ings. 


Wealth  of  St&te. 


Chesapeake 
Bay. 


Sec.  3.  He  shall  perforin  sucli  of  the  duties 
now  devolved  by  Law  upon  the  Commissioner 
of  Immigration,  and  the  Immigration  Agent, 
as  will  promote  the  object,  for  which  those 
officers  were  appointed,  and  sucK  other  duties 
as  may  be  assigned  to  him  by  the  Gene- 
ral Assembly,  and  shall  receive  a  salary  of 
Twenty-five  Hundred  dollars  a  year;  and 
after  his  election  and  qualification,  the  offices 
before  mentioned  shall  cease. 

Sec.  4.  He  shall  supervise  all  the  State 
Inspectors  of  agricultural  products  and  ferti- 
lizers; and  from  time  to  time,  shall  carefully 
examine  and  audit  their  accounts,  and  pre- 
scribe regulations,  not  inconsistent  with  Law, 
tending  to  secure  economy  and  efficiency  in 
the  business  of  their  offices.  He  shall  have 
the  supervision  of  the  Tobacco  ^Warehouses, 
and  all  other  buildings  used  for  inspection 
and  storage  purposes  by  the  State;  and  may, 
at.  the  discretion  of  the  Legislature,  have  the 
supervision  of  all  public  buildings,  now  be- 
longing to,  or  which  may  hereafter  be  erected 
by  the  State.  He  shall  frequently  inspect 
such  buildings  as  are  committed  to  his  charge, 
and  examine  all  accounts  for  labor  and  mate- 
rials required  for  their  construction,  or  re- 
pairs. 

Sec.  5.  He  shall  inquire  into  the  unde- 
veloped resources  of  wealth  of  the  State  of 
Maryland  more  especially  concerning  those 
within  the  limits  of  the  Chesapeake  Bay  and 


Art.  11.]  State  of  Maryland.  99 

its  tributaries,  which  belong  to  the  State,  and 
suggest  such  j^lans  as  may  be  calculated  to 
render  them  available  as  sources  of  revenue.    Rcrenue. 

Sec.  6.  He  shall  make  detailed  reports  to  Roporte. 
every  General  Assembly  within  the  first  week 
of  its  session,  in  reference  to  each  of  the  sub- 
jects committed  to  his  charge,  and  he  shall 
also  report  to  the  Governor,  in  the  recess  of 
the  Legislature,  all  abuses,  or  irregularities, 
which  he  may  find  to  exist  in  any  Department 
of  public  affairs,  with  which  his  ofiice  is  con- 
nected. 

Sec.  7.   The  ofiice   hereby  established  shall  omceto 

•^  Expire. 

continue  for  four  years  from  the  date  of  the 
qualification  of  the  first  incumbent  thereof; 
and  shall  then  expire,  unless  continued  by 
the  General  Assembly. 


AETICLE    XL 

City    of   Baltimore. 

Section  1.  The  Inhabitants  of  the  City  of  Mayor 
Baltimore,  qualified  by  Law  to  vote  in  said 
city  for  members  of  the  House  of  Delegates, 
shall  on  the  fourth  Wednesday  of  October, 
eighteen  hundred  and  sixty-seven,  and  on  the 
same  day  in  every  fourth  year  thereafter,  elect 
a  person  to  be  Mayor  of  the  City  of  Baltimore, 


100 


Constitution  of  the 


[Art.  11, 


Term  four 
yearff. 


Ineligible. 


City  Council./ 
Two  Brancljes. 


Time  of 
Elections. 


who  shall  have  such  qualifications,  receive 
such  com23ensation,  discharge  such  duties,  and 
have  such  powers  as  are  now,  or  may  here- 
after be  prescribed  by  Law;  and  the  term  of 
whose  office  shall  commence  on  the  first  Mon- 
day of  November  succeeding  his  election,  and 
shall  continue  for  four  years,  and  until  his 
successor  shall  have  qualified;  and  he  shall 
be  ineligible  for  the  term  next  succeeding  that 
for  which  he  was  elected. 

Sec.  2.  The  City  Council  of  Baltimore  shall 
consist  of  Two  Branches,  one  of  which  shall 
be  called  the  First  Branch,  and  the  other 
the  Second  Branch ;  and  each  shall  consist  of 
such  number  of  members,  having  such  quali- 
fication, receiving  such  compensation,  per- 
forming such  duties,  possessing  such  powers, 
holding  such  terms  of  office,  and  elected  in 
such  manner,  as  are  now,  or  may  hereafter 
be  prescribed  by  Law. 

Sec.  3.  An  election  for  members  of  the 
First  and  Second  Branch  of  the  City  Council 
of  Baltimore  shall  be  held  in  the  City  of  Bal- 
timore on  the  fourth  Wednesday  of  October, 
eighteen  hundred  and  sixty-seven;  and  for 
members  of  the  First  Branch  on  the  same 
day  in  every  year  thereafter;  and  for  mem- 
bers of  the  Second  Branch  on  the  same  day 
in  every  second  year  thereafter ;  and  the 
qualification  for  electors  of  the  members  of 
the  City  Council  shall  be  the  same  as  those 
prescribed  for  the  electors  of  Mayor. 


Art.  11.]  State  of  Maryland.  101 

Sec.  4.   The   regular   sessions   of   the   City  Annual  ses- 

*->  *'     nious  to  con- 

Council  of  Baltimore,  (which  shall  be  an-  ^Ts!"'''''^ 
nual,)  shall  commence  on  the  third  Monday 
of  January  of  each  year,  and  shall  not  con- 
tinue more  than  ninety  days,  exclusive  of 
Sundays;  but  the  Mayor  may  convene  the 
City  Council   in   extra   session  whenever,  and  Extra  sesBione 

twenty  days. 

as  often  as  it  may  appear  to  him  that  the 
public  good  may  require;  but  no  called,  or 
extra  session  shall  last  longer  than  twenty 
days,  exclusive  of  Sundays. 

Sec.  5.   No  person,  elected  and  qualified  as  Members  not 

r  ^  1  to  hold  any 

Mayor,  or  as  a  member  of  the  City  Council,  ^^^^^-^ffi^^- 

shall,   during    the    term    for    which    he   was 

elected,   hold    any   other    office    of   profit    or 

trust,  created,  or  to  be  created,  by  the  Mayor 

and   City   Council   of    Baltimore,   or   by   any 

Law  relating  to  the  Corporation  of  Baltimore, 

or    hold    any   employment,    or    position,   the 

compensation  of  which  shall  be  paid,  directly 

or   indirectly,  out  of  the  City  Treasury ;    nor  Nor  be  interest- 

•^  '  "^  *^  /  ed  in  contracts. 

shall  any  such  person  be  interested,  directly 
or  indirectly,  in  any  contract,  to  which  the 
City  is  a  party ;  nor  shall  it  be  lawful  for 
any  person,  holding  *  any  office,  under  thte 
City,  to  be  interested,  while  holding  such 
office,  in  any  contract,  to  which  the  City  is 
a  party. 

Sec.  6.  The  Mayor  shall,  on  conviction  in  a  Mayor  may  be 
Court  of  Law,  of  wilful   neglect  of  duty,  or 
misbehavior   in  office,  be  removed  from  office 
by  the  Governor  of  the  State,  and  a  successor 


102 


Constitution  of  the 


[Art.  11. 


shall   thereafter  be   elected,  as   in   a   ease   of 
vacancy. 

CT^^ed  o^  ^^  ^^^*  '^'  F^^^  ^^d  ^fter  the  adoption  of  this 
w?thoufau?ho-  Constitution,  no  debt  (except  as  hereinafter 
vSofvoteT"^  excepted,)  shall  be  created  by  the  Mayor 
and  City  Council  of  Baltimore ;  nor  shall  the 
credit  of  the  Mayor  and  City  Council  of  Bal- 
timore be  given,  or  loaned  to,  or  in  aid  of  any 
individual,  association,  or  corporation ;  nor 
shall  the  Mayor  and  City  Council  of  Balti- 
more have  the  power  to  involve  the  City  of 
Baltimore  in  the  construction  of  Works  of 
Internal  Improvement,  nor  in  granting  any 
aid  thereto,  which  shall  involve  the  faith  and 
credit  of  the  City,  nor  make  any  appropria- 
tion therefor,  unless  such  debt,  or  credit  be 
authorized  by  an  Act  of  the  General  Assem- 
bly of  Maryland,  and  by  an  Ordinance  of  the 
Mayor  and  City  Council  of  Baltimore,  sub- 
mitted to  the  legal  voters  of  the  City  of  Bal- 
timore at  such  time  and  place  as  may  be 
fixed  by  said  Ordinance,  and  approved  by  a 
majority  of  the  votes  cast  at  such  time  and 
place ;  but  the  Mayor  and  City  Council  may, 
temporarily,  borrow  any  amount  of  inoney  to 
meet  any  deficiency  in  the  City  Treasury,  or 
to  provide  for  any  emergency  arising  from 
the  necessity  of  maintaining  the  Police,  or 
preserving  the  safety  and  sanitary  condition 
of  the  City,  and  may  make  due  and  proper 
arrangements  and  agreements  for  the  remo- 
val and  extension,  in  whole  or  in  part,  of  any 


Police. 


Extension  of 
Debts. 


Aet.  12.]  State  of  Maryland.  103 

and  all  debts  and  obligations,  created  accord- 
ing to  Law  before  the  adoption  of  this  Consti- 
tution. 

Sec.  8.    All  Laws  and  Ordinances,  now   in  Laws  now  in 

force  con- 

force,  applicable  to  the  City  of  Baltimore,  not  *^''"^^- 
inconsistent  with   this   Article,   shall  be,  and   . 
they   are   hereby  continued   until   changed   in 
due  course  of  Law. 

Sec.  9.    The   General  Assembly  may  make  General  Assem- 

^•^  ''  bly  may  make 

such  changes   in  this  Article,  except  in   Sec-  *^^'^°s^^- 
tion   seventh   thereof,   as   it   may   deem   best ; 
and  this- Article  shall  not  be  so  construed,  or 
taken   as    to   make   the    political   Corporation  citycorpora- 

tion  under  its 

of    Baltimore    independent,   of,  or    free   from  ^°'^''^^'- 
the   control,  which   the  General  Assembly  of 
Maryland  has  over  all  such   Corporations   in 
this  State. 


ARTICLE    XII. 

Public  Works. 
Section  1.    The  Governor,  the  Comptroller  Board  consti- 

■  tilted  of  Gov- 

of  the  Treasury,  and  the  Ireasurer,  shall  con-  Xrl\\^r^S^ 
stitute  the   Board   of    Public   Works   in   this  '''""""" 
State.      They   shall   keep   a  journal   of   their 
proceedings,   and   shall    hold   regular   sessions  \l^^^^^ 
in   the   City  of  Annapolis,  on   the   first  Wed- 
nesday in   January,  April,  July   and  October,, 
in   each   y^ar,   and   oftener,   if    necessary;    at 


104 


Constitution  of  the 


[Art.  12. 


Powers. 


Vote  Stock. 


Appoiut 
Directors. 


Chesapeake 
aud  Ohio  Canal 
Co. 


Rates  of  toll. 


Reports. 
1862,  c.  122. 


which  sessions  they  shall  hear  and  determine 
such  matters  as  affect  the  Public  Works  of 
the  State,  and  as  the  General  Assembly  may 
confer  upon  them  the  power  to  decide. 

Sec.  2.  They  shall  exercise  a  diligent  and 
faithful  supervision  of  all  Public  Works  in 
which  the  State  may  be  interested  as  Stock- 
holder or  Creditor,  and  shall  represent,  and 
vote  the  stock  of  the  State  of  Maryland,  in 
all  meetings  (5f  the  stockholders  of  the  Chesa- 
peake and  Ohio  Canal;  and  shall  appoint  the 
Directors  in  every  Railroad  and  Canal  Com- 
pany, in  which  the  State,  has  the  legal  power 
to  appoint  Directors,  which  said  Directors 
shall  represent  the  State  in  all  meetings  of 
the  Stockholders  of  the  respective  Companies, 
for  which  they  are  apjDointed  or  elected.  And 
the  President  and  Directors  of  the  said  Chesa- 
peake and  Ohio  Canal  Company  shall  so  regu- 
late the  tolls  of  said  Company,  from  time  to 
time,  as  to  produce  the  largest  amount  of  rev- 
enue, and  to  avoid  the  injurious  effects  to  said 
Company  of  rival  competition  by  other  Inter- 
nal Improvement  Companies*  They  shall  re- 
quire the  Directors  of  all  said  Public  Works 
to  guard  the  public  interest,  and  prevent  the 
establishment  of  tolls  which  shall  discrimi- 
nate against  the  interest  of  the  citizens  or 
products  of  this  State,  and  from  time  to  time, 
and  as  often  as  there  shall  be  any  change  in 
the  rates  of  toll  on  any  of  the  said  Works,  to 
furnish   the  said    Board   of   Public  Works   a 


Art.  12.]        •    State  of  Maryland.  105 

schedule  of  such  modified  rates  of  toll,  and  so 
adjust  them  as  to  promote  the  agricultural 
interests  of  the  State ;  they  shall  report  to  the 
General  Assembly  at  each  regular  session, 
and  recommend  such  legislation  as  they  may 
deem  necessary  and  requisite  to  promote  or 
protect  the  interests  of  the  State  in  the  said 
Public  Works ;  they  shall  perform  such  other 
duties  as  may  be  hereafter  prescribed  by  Law ; 
and  a  majority  of  them  shall  be  competent  to 
act.  The  Governor,  Comptroller  and  Treasu- 
rer shall  receive  no  additional  salary  for  ser- 
vices rendered  by^  them  as  members  of  the 
Board  of  Public  Works.  The  provisions  of 
the  Act  of  the  General  Assembly  of  Mary- 
land jof  the  year  1867,  chapter  359,  are  hereby  Actofi867,c.369, 

,  declared  void. 

declared  null  and  void. 

Sec.   3.      The   Board   of  Public  Works   is  Baltimore  and 

Ohio  Rail  Road 

hereby  authorized  to  exchange  the  State's  gteStntXf 
interest  as  Stockholder  and  Creditor  in  the 
Baltimore  and  Ohio  Railroad  Company  for 
an  equal  amount  of  the  bonds  or  registered 
debt  now  owing  by  the  State,  to  the  extent 
only  of  all  the*  preferred  stock  of  the  State 
on  which  the  State  is  entitled  to  only  six  per 
cent,  interest,  provided  such  exchange  shall 
not  be  made  at  less  than  par,  nor  less  than 
the  market  value  of  said  stock  and  the  said 
Board  is  authorized  subject  to  such  regula- 
tions and  conditions  as  the  General  Assembly 
may  from  time  to  time  prescribe,  to  sell  the  Board  may  sou 

rN  »       •  •  1  1  -¥TT       1  /»    X     1  State's  interest 

States  mterest  in  the  other  Works  oi  inter-  m  other  works. 


106 


Constitution  of  the 


[Art.  13. 


Washington 
Branch. 


Ratification 
by  General 
Assembly. 


nal  Improvement,  whether  as  a  Stockholder 
or  a  Creditor,  and  also  the  State's  interest  in 
any  banking  corporation,  receiving  in  pay- 
ment the  bonds  and  registered  debt  now 
owing  by  the  State,  equal  in  amount  to  the 
price  obtained  for  the  State's  said  interest; 
provided,  that  the  interest  of  the  State  in  the 
Washington  Branch  of  the  Baltimore  and 
Ohio  Bail  Boad  be  'reserved  and  excepted 
from  sale;  and  provided  further,  that  no  sale 
or  contract  of  sale  of  the  State's  interest  in  the 
Chesapeake  and  Ohio  Canal,  the  Chesapeake 
and  Delaware  Canal,  and  the  Susquehanna 
and  Tide-water  Canal  Companies  shall  go* 
into  effect  until  the  same  shall  be  ratified  by 
the  ensuing  General  Assembly. 


ARTICLE    XIIL 


New  Counties. 


CoYinty  seats 
and  lines, 


Section  1.  The  General  Assembly  may 
iMd.i39;i5Md.  provldc,  by  Law,  for  organizing  new  Coun- 
ties, locating  and  removing  county  seats,  and 
changing  county  lines;  but  no  new  county 
shall  be  organized  without  the  consent  of  the 
majority  of  the  legal  voters  residing  within 
the  limits  proposed  to  be  formed  into  said 
new   county;    and    whenever    a    new   county 


Consent  of 
Voters. 


Art.  13.]  State  of  Maryland.  107 

shall  be  proposed  to  be  formed  out  of  portions 
of  two  or  more  Counties,  the  consent  of  a  ma- 
jority of  the  legal  voters  of  such  part  of  each 
of  said  counties,  respectively,  shall  be  re- 
quired ;  nor  shall  the  lines  of  any  county  be 
changed  without  the  consent  of  a  majority  of 
the  legal  voters,  residing  within  the  district, 
which,  under  said  proposed  change,  would 
form  a  part  of  a  county  different  from  that  to 
which  it  belonged  prior  to  said  change;  and 
no   new   county  shall   contain   less  than  four  no  new  county 

-,  T         f  ,  ,  without  10,000 

hundred  square  miles,  nor  less  than  ten  thou-  ^^1" ^nSoo^ 
sand  white  Inhabitants ;  nor  shall  any  change  ''^"'^''  °''^^' 
be  made  in  the  limits  of  any  county,  where- 
by the  population  ^of  said  county  would  be 
reduced  to  less  than  ten  thousand  white 
Inhabitants,  or  its  territory  reduced  to  less 
than  four  hundred  square  miles. 

Sec.  2.   At  the  election  to  be  held  for  the  wicomico 

,  .  .         .  .  .•  county. 

adoption,  or  rejection  of  this  Constitution, 
in  each  Election  District,  in  those  parts  of 
Worcester  and  Somerset  bounties,  comprised 
within  the  following  limits,  viz :  Beginning  Boundaries, 
at  the  point,  where  Mason  and  Dixon's  line 
crosses  the  channel  of  Pocomoke  River,  thence 
following  said  line  to  the  channel  of  the  Nan- 
ticoke  River,  thence  with  the  channel  of  said 
river  to  Tangier  Sound,  or  the  intersection  of 
I^anticoke  and  Wicomico  Rivers,  thence  up 
the  channel  of  the  Wicomico  River  to  the  * 
mouth  of  Wicomico  Creek,  thence  with  the 
•channel  of  said  creek  and   Passerdyke  Creek 


108 


Constitution  of  the 


[Art.  13. 


Governor's 
Proclamation. 


Salisbury  the 
County  Seat. 


to  Dashield's,  or  Disharoon's  Mills,  thence 
with  the  mill-pond  of  said  mills  and  Branch 
following  the  middle  prong  of  said  Branch,  to 
Meadow  Bridge,  on  the  road,  dividing  the 
Counties  of  Somerset  and  Worcester,  near 
the  southwest  corner  of  the  farm  of  William 
P.  Morris,  thence  due  east  to  the  Pocomoke 
River,  thence  with  the  channel  of  said  river 
to  the  beginning,  the  Judges  of  election,  in 
each  of  said  Districts,  shall  receive  the  ballots 
of  each  elector,  voting  at  said  election,  who 
has  resided  for  six  months,  preceding  said 
election  within  said  limits,  for  or  against  a 
new  County;  and  the  Return  Judges  of  said 
Election  Districts  shall  ^certify  the  result  of 
such  voting,  in  the  manner  now  prescribed 
by  Law,  to  the  Governor,  who  shall  by  Pro- 
clamation make  known  the  same;  and  if  a 
majority  of  the  legal  votes,  cast  within  that 
part  of  Worcester  County,  contained  within 
said  lines,  and  also  a  majority  of  the  legal 
votes  cast  withfn  that  part  of  Somerset 
County,  contained  within  said  lines,  shall  be 
in  favor  of  a  new  .County,  then  said  parts 
of  Worcester  and  Somerset  Counties  shall 
become  and  constitute  a  new  County,  to  be 
called  Wicomico  County ;  and  Salisbury  shall 
be  the  County  Seat.  And  the  Inhabitants 
thereof  shall  thenceforth  have  and  enjoy  all 
such  rights  and  privileges  as  are  held  and 
enjoyed  by  the  Inhabitants  of  the  other  Coun- 
ties of  this  State. 


Art.  13.]  State  of  Maeyland.  109 

-  Sec.  3.  When  said  new  County  shall  have  Division  of 
been  so  created,  the  Inhabitants  thereof  shall  obiigHtions. 
cease  to  have  any  claim  to,  or  interest  in  the 
county  buildings,  and  other  public  property 
of  every  description,  belonging  to  said  Coun- 
ties of  Somerset  and  Worcester,  respectively, 
and  shall  be  liable  for  their  proportionate 
shares  of  the  then  existing  debts  and  obliga- 
tions of  the  said  Counties,  according  to  the 
last  assessment  in  said  Counties,  to  be  ascer- 
tained and  apportioned  by  the  Circuit  Court 
of  Somerset  County,  as  to  the  debts  and  obli- 
gations of  said  County,  and  by  the  Circuit 
Court  of  Worcester  County,  as  to  the  debts 
and  obligations  of  Worcester  County,  on  the 
petition  of  the  County  Commissioners  of  the 
said  Counties,  respectively;  and  the  property 
in  each  part  of  the  said  Counties,  included  in 
said  new  County,  shall  be  bound  only  for 
the  share  of  the  debts  and  obligations  of  the 
county  from  which  it  shall  be  separated; 
and  the  Inhabitants  of  said  new  county 
shall  also  pay  the  County  taxes,  levied  upon  Taxes. 
them  at  the  time  of  the  creation  of  such  new 
County,  as  if  such  new  County  had  not  been 
created ;  and  on  the  application  of  twelve  citi- 
zens of  the  proposed  county  of  Wicomico, 
the  Surveyor  of  Worcester  County  shall  run 
and  locate  the  line  from  Meadow  Bridge  to 
the  Pocomoke  River,  previous  to  the  adop- 
tion, or  rejection  of  this  Constitution,  and  at 
tjie  expense  of  said  petitioners. 
8 


110 


Constitution  of  the 


[Art.  13. 


Senators  and 
Delegates  of 
Wicomico, 
Somerset  and 
Worcester. 


Wicomico  in 
First  Judicial 
Circuit. 


General  Assem- 
bly to  carry 
this  Art.  iuto 
effect. 


Sec.  4.  At  the  first  general  election,  held 
under  this  Constitution,  the  qualified  voters 
of  said  new  County  shall  be  entitled  to  elect 
a  Senator,  and  two  Delegates  to  the  General  ■ 
Assembly,  and  all  such  County,  or  other  offi- 
cers as  this  Constitution  may  authorize,  or 
require  to  be  elected  by  other  Counties  of  the 
State ;  a  notice  of  such  election  shall  be  given 
by  the  Sheriffs  of  Worcester  and  Somerset 
Counties  in  the  manner  now  prescribed  by 
Law;  and  in  case  said  new  County  shall  be 
established,  as  aforesaid,  then  the  Counties  of 
Somerset  and  Worcester  shall  be  entitled  to 
elect  but  two  Delegates  each  to  the  General 
Assembly. 

Sec.  5.  The  County  of  Wicomico,  if  formed 
according  to  the  provisions  of  this  Constitu- 
tion, shall  be  embraced  in  the  First  Judicial 
Circuit ;  and  the  times  for  holding  th«  Courts 
therein  shall  be  fixed  and  determined  by  the 
General  Assembly. 

Sec.  6.  The  General  Assembly  shall  pass 
all  such  Laws  as  may  be  necessary  more  fully 
to  carry  into  effect  the  provisions  of  this 
Article. 


Art.  14.]  State  of  Maryland.  Ill 


ments,  to  be 
by 
fifths  of 
each  house. 


AETICLE    XIV. 
Amendments  TO  THE  Constitution. 

Section  1.    The    General    Assembly    may  General  Assem- 
propose    Amendments    to    this    Constitution ;  pose  ameiid 

■•-        J-  ments,  to  hi 

provided,  that .  each  Amendment  shall  be  em-  ^^Hf^ 
braced  in  a  separate  Bill,  embodying  the 
Article  or  Section,  as  the  same  will  stand 
when  amended  and  passed  by  three-fifths  of 
all  the  members  elected  to  each  of  the  two 
Houses,  by  yeas  and  nays,  to  be  entered  on 
the  Journals  with  the  proposed  Amendment. 
The  Bill,  or  Bills,  proposing  amendment,  or 
amendments,  shall  be  published  by  order  of  publication  in 

■'-•■«'  Newspapers 

the  Governor,  in  at  least  two  newspapers  in 
each  county,  where  so  many  may  be  pub- 
lished, and  where  not  more  than  one  may  be 
published,  then  in  that  newspaper,  and  in 
three  newspapers  published  in  the  City  of 
Baltimore,  one  of  which  shall  be  in  the  Ger- 
man language,  once  a  week,  for  at  least  three 
months  preceding  the  next  ensuing  general 
election,  at  which  the  said  proposed  amend- 
ment, or   amendments   shall  be  submitted,  in  submission  to 

voters. 

a  form  to  be  prescribed  by  the  General  As- 
sembly, to  the  qualified  voters  of  the  State 
for  adoption  or  rejection.  The  votes  cast  for 
and     against    said    proposed    amendment,    or 


112 


Constitution  of  the 


[Akt.  14. 


Returns  to 
Governor. 


Proclamation 
of  Governor. 


Each  Amenil- 
ment  to  be 
voted  on  sepa- 
ratelj-. 


Convention 
every  20  years. 
1858,  c.  255. 


amendments,  severally,  shall  be  returned  to 
the  Governor,  in  the  manner  prescribed  in 
other  cases,  and  if  it  shall  appear  to  the 
Governor  that  a  majority  of  the  votes  cast  at 
said  election  on  said  amendment,  or  amend- 
ments, severally,  were  cast  in  favor  thereof, 
the  Governor  shall,  by  his  Proclamation,  de- 
clare the  said  amendment,  or  amendments, 
having  received  said  majority  of  votes,  to 
have  been  adopted  by  the  People  of  Mary- 
land as  part  of  the  Constitution  thereof,  and 
thenceforth  said  amendment,  or  amendments 
shall  be  part  of  the  said  Constitution.  When 
two  or  more  amendments  shall  be  submitted, 
in  manner  aforesaid,  to  the  voters  of  this 
State  at  the  same  election,  they  shall  be  so 
submitted  as  that  each  amendment  shall  be 
voted  on  separately. 

Sec.  2.  It  shall  be  the  duty  of  the  General 
Assembly  to  provide  by  Law  for  taking,  at 
the  general  election  to  be  held  in  the  year 
eighteen  hundred  and  eighty-seven,  and  every 
twenty  years  thereafter,  the  sense  of  the  Peo- 
ple in  regard  to  calling  a  Convention  for 
altering  this  Constitution;  and  if  a  majority 
of  voters  at  such  election  gr  elections  shall 
vote  for  a  Convention,  the  General  Assembly, 
at  its  next  session,  shall  provide  by  Law 
for  the  assembling  of  such  Convention,  and 
for  the  election  of  Delegates  thereto.  Each 
County,  and  Legislative  District  of  the  City 


Art.  15.]  State  of  Maryland.  113 

of  Baltimore,  shall  have  in  such  Convention 
a  number  of  Delegates  equal  to  its  represen-  ^o.^^^  Deie- 
tation  in  both  Houses  at  the  time  at  which 
the  Convention  is  called.  But  any  Constitu- 
tion, or  change,  or  amendment  of  the  exist- 
ing Constitution,  which  may  be  adopted  by 
such   Convention,   shall   be   submitted  to   the  submission  to 

'  voters. 

voters  of  this  State,  and  shall  have  no  effect 
unless  the  same  shall  have  been  adopted  by  a 
majority  of  the  voters  voting  thereon. 


Miscellaneous. 

ARTICLE  XV. 

Section  1.  Every  person  holding  any  office 
created  by,  or  existing  under  the  Constitution,  madVanmmiiy, 
or  Laws  of  the  State,  (except  Justices  of  the  troiiel  ''"'^ 

1853  c.  444. 

Peace,  Constables  and  Coroners,)  or  holding  i854;c.i96. 
any  appointment  under  any  Court  of  this 
State,  whose  pay,  or  compensation  is  derived 
from  fees,  or  moneys  coming  into  his  hands 
for  the  discharge  of  his  official  duties;  or,  in 
any  way,  growing  out  of,  or  connected  with 
his  office,  shall  keep  a  book  in  which  shall 
be  entered  every  sum,  or  sums  of  money,  re- 


114 


Constitution  of  the 


[Art.  15. 


over 
Salary  to  be 
paid  over. 


On  failure  for 
30  daj's  Gov- 
ernor to 
declare  oflBce 
vacant. 


ceived  by  him,  or  on  his  account,  as  a  pay- 
ment or  compensation  for  his  performance 
of  official  duties,  a  copy  of  which  entries  in 
said  book,  verified  by  the  oath  of  the  officer, 
by  whom  it  is  directed  to  be  kept,  shall  be 
returned  yearly  to  the  Comptroller  of  the 
State  for  his  inspection,  and  that  of  the  Gene- 
ral Assembly  of  the  State,  to  which  the  Comp- 
troller shall,  at  each  regular  session  thereof, 
make  a  report  showing  what  officers  have 
complied  with  this  Section ;  and  each  of  the 
said  officers,  when  the  amount  received  by 
him  for  the  year  shall  exceed  the  sum  which 
he  is  by  Law  entitled  to  retain,  as  his  salary, 
or  compensation  for  the  discharge  of  his 
duties,  and  for  the  expenses  of  his  office,  shall 
yearly  pay  over  to  the  Treasurer  of  the  State 
the  amount  of  such  excess,  subject  to  such 
disposition  thereof  as  the  General  Assembly 
may  direct ;  if  any  of  such  officers  shall  fail 
to  comply  with  the  requisitions  of  this  Sec- 
tion for  the  period  of  thirty  days  after  the 
expiration  of  each  and  every  year  of  his  office, 
such  officer  shall  be  deemed  to  have  vacated 
his  office,  and  the  Governor  shall  declare  the 
same  vacant,  and  the  vacancy  therein  shall 
be  filled  as  in  case  of  vacancy  for  any  other 
cause,  and  such  officer  shall  be  subject  to 
suit  by  the.  State  for  the  amount  that  ought 
to  be  paid  into  the  Treasury;  and  no  per- 
son holding   any  office  created  by,  or  existing 


Art.  15.]  State  of  Maryland.  115 

under  this  Constitution,  or  Laws  of  the  State, 
or  holding  any  appointment,  under  any  Court 
in  this  State,  shall   receive   more   than   three  salaries  umited 

'  ^  to  $3,000. 

thousand  dollars  a  year  as  a  compensation 
for  the  discharge  of  his  official  duties,  except 
in  cases  specially  provided  in  this  Constitu- 
tion. 

Sec.  2.     The  several  Courts  existing  in  this  The  courts  to 

continue  until 

State  at  the  time  of  the  adoption  of  this  Con-  superseded. 
stitution,  shall,  until  superseded  under  its 
provisions,  continue  with  like  powers  and 
jurisdiction,  and  in  the  exercise  thereof,  both 
at  Law  and  in  Equity,  in  all  respects,  as  if 
this  Constitution  had  not  been  adopted;  and 
when  said  Courts  shall  be  so  superseded, 
all  causes,  then  depending  in  said  Courts, 
shall  pass  into  the  jurisdiction  of  the  several 
Courts,  by  which  they  may,  [be]  respectively, 
superseded. 

Sec.  3.    The  Governor,  and  all  officers,  civil  Governor  and  an 
and   military,  now   holdiner   office   under   this  office  untu 

•^  *->  superseded. 

State,  whether  by  election,  or  appointment, 
shall  continue  to  hold,  exercise  and  discharge 
the  duties  of  their  offices  (unless  inconsistent 
with,  or  otherwise  provided  in  this  Constitu- 
tion) until  they  shall  be  superseded,  under 
its  provisions,  and  until  their  successors  shall 
be  duly  qualified. 

Sec.  4.     If  at  any  election  directed  by  this  New  election  in 
Constitution,    any    two    or    more    candidates  islXo.  it 
shall  have  the  highest  and  an   equal  number 


116 


Constitution  of  the 


[Art.  15, 


of  votes,  a  new '  election  shall  be  ordered  by 
the  Governor,  except   in   cases  specially  pro- 
vided for  by  this  Constitution. 
jnry  judges  of        Sec.  5.     In  thc  trial  of  all  criminal  cases, 

liiw  and  fact. 

lid ^386  ^'^^'  ^'^  ^^^  J^^y  ^^^^^  ^^  ^^^  Judges  of  Law,  as  well 


Right  of  trial  by 
Jury. 


General  elec- 
tions to  be  held 
in  November. 


Sheriffs  to  give 
notice  of  elec- 
tions. 


Terms  of  office 
'o  commence 
from  election. 


as  of  fact. 

Sec.  6.  The  right  of  trial  by  Jury  of  all 
issues  of  fact  in  civil  proceedings  in  the  seve- 
ral Courts  of  Law  in  this  State,  where  the 
amount  in  controversy  exceeds  the  sum  of 
five  dollars,  shall  be  inviolably  preserved. 

Sec.  7.  All  general  elections  in  this  State 
shall  be  held  on  the  Tuesday  next  after  the 
first  Monday  in  the  month  of  November,  in 
the  year  in  which  they  shall  occur;  and  the 
first  election  of  all  officers,  who,  under  this 
Constitution,  are  required  to  be  elected  by 
the  People,  shall,  except  in  cases  herein  spe- 
cially provided  for,  be  held  on  the  Tuesday 
next  after  the  first  Monday  of  November, 
in  the  year  eighteen  hundred  and  sixty- 
seven. 

Sec.  8.  The  Sheriffs  of  the  several  Counties 
of  this  State,  and  of  the  City  of  Baltimore, 
shall  give  notice  of  the  several  elections 
authorized  by  this  Constitution,  in  the  man- 
ner prescribed  by  existing  Laws  for  elections 
to  be  held  in  this  State,  until  said  Laws  shall 
be  changed. 

Sec.  9.  The  Term  of  office  of  all  Judges 
and  other  officers,  for  whose  election  provi- 


Art.  15.]  State  of  Maryland.  117 

sion  is  made  by  this  Constitution,  shall  ex-  Exceptioas. 
cept  in  cases  otherwise  expressly  provided 
herein,  commence  from  the  time  of  their  Elec- 
tion ;  and  all  such  officers  shall  qualify  as 
soon  after  their  election  as  practicable,  and 
shall  enter  upon  the  duties  of  their  respective 
offices  immediately  upon  their  qualification; 
and  the  Term  of  office  of  the  State  Librarian 
and  of  the  Commissioner  of  the  Land  Office 
shall  commence  from  the  time  of  their  ap- 
pointment. 

Sec.  10.    Any  officer  elected   or   appointed  how  officer* 

•^  J-  -•-  may  qualify. 

in  pursuance  of  the  provisions  of  this  Con- 
stitution, may  qualify,  either  according  to 
the  existing  provisions  of  Law,  in  relation 
to  officers  under  the  present  Constitution,  or 
before  the  Governor  of  the  State,  or  before 
any  Clerk  of  any  Court  of  Record  in  aily 
part  of  the  State ;  but  in  case  an  officer  shall  * 
qualify  out  of  the  County  in  which  he  resides, 
an  official  copy  of  his  oath  shall  be  filed  and  2°^^""^^^^^ 

jl  *l        .  be  recorded. 

recorded  in  the  Clerk's  office  of  the  Circuit 
Court  of  the  County  in  which  he  may  reside, 
or  in  the  Clerk's  office  of  the  Superior  Court 
of  the  City  of  Baltimore,  if  he  shall  reside 
therein. 


118 


Constitution  of  the 


[Art.  15. 


Vote    on    the    Constitution. 


Governor's 
Proclamation 
directing  Sher- 
iffs to  give 
notice  of  elec- 
tion on  this 
Constitution. 


For  the  purpose  of  ascertaining  the  sense 
of  the  people  of  this  State,  in  regard  to  the 
adoption,  or  rejection  of  this  Constitution, 
the  Governor  shall  issue  his  Proclamation 
within  five  days  after  the  adjournment  of 
this  Convention,  directed  to  the  Sheriffs  of 
the  City  of  Baltimore,  and  of  the  several 
Counties  of  this  State,  commanding  them  to 
give  notice,  in  the  manner  now  prescribed  by 
Law  in  reference  to  the  election  of  members 
of  the  House  of  Delegates,  that  an  election 
for  the  adoption  or  rejection  of  this  Constitu- 
tion, will  be  held  in  the  City  of  Baltimore, 
and  in  the  several  Counties  of  this  State,  on 
Wednesday,  the  Eighteenth  day  of  Septem- 
ber, in  the  year  eighteen  hundred  and  sixty- 
seven,  at  the  usual  places  of  holding  elections 
for  iQembers  of  the  House  of  Delegates  in 
said  City  and  Counties.  At  the  said  election 
the  vote  shall  be  by  ballot,  and  upon  each 
ballot,  there  shall  be  written  or  printed  the 
words  "For  the  Constitution,"  or  "Against 
the  Constitution,"  as  the  voter  may  elect ;  and 
the  provisions  of  the  Laws  of  this  State,  rela- 
ting to  the  holding  of  general  elections  for 
members  of  the  House  of  Delegates,  shall,  in 


Art.  15.]  State  of  Maryland.  119 

all  respects,  apply  to,  and  regulate  the  hold- 
ing of  the  said  election.  It  shall  be  the  duty 
of  the  Judges  of  Election,  in  said  City,  and 
in  the  several  Counties  of  the  State,  to  re- 
ceive, accurately  count,  and  duly  return  the 
number  of  ballots,  so  cast  for,  or  against  the 
adoption  of  this  Constitution,  as  well  as  any 
blank  ballots,  which  may  be  cast,  to  the  seve- 
ral Clerks  of  the  Circuit  Courts  of  this  State, 
and  to  the  Clerk  of  the  Superior  Court  of 
Baltimore  City,  in  the  manner  now  pre- 
scribed by  Law,  in  reference  to  the  election 
of  members  of  the  House  of  Delegates,  and 
duplicates  thereof  directly  to  the  Governor; 
and  the  several  Clerks,  aforesaid  shall  return 
to  the  Governor,  within  ten  days  after  said 
election,  the  number  of  ballots  cast  for  or 
against  the  Constitution,  and  the  number  of  ^rTSS 
blank  ballots ;  and  the  Governor,  upon  re-  adapted 
ceiving  the  returns  from  the  Judges  of  Election 
or  the  Clerks  as  aforesaid  and  ascertaining  the 
aggregate  vote  throughout  the  State,  shall, 
by  his  Proclamation,  make  known  the  same; 
and  if  a  majority  of  the  votes  cast  shall 
be  for  the  adoption  of  this  Constitution,  it 
shall  go  into  effect  on  Saturday,  the  Fifth 
day  of  October,  eighteen  hundred  and  sixty- 
seven. 


vmation 
if  Coiistitutioa 


120  Constitution  of  Maryland. 


Done  in  Convention^  the  seventeenth  day  of  August^ 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty-seven,  and  of  the  Independence  of  the  United  States 
the  ninety-second. 

EICHD.  B.  CAEMICHAEL, 

President  of  the   Convention. 
Attest  : 

Milton  Y.  Kidd, 

Secretary 


MARYLAND,  Set: 

/,  George  Earle,  Clerk  of  the  Court  of  Appeals  of 
Maryland,  do  hereby  certify,  that  the  above  Constitution, 
was  filed  in  the  Clerics  Office  of  ^  said  Court,  on  the 
seventeenth  day  of  August,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-seven. 

Witness  my  hand:  GEORGE  EARLE, 

Clerk  of  the  Court  of  Appeals  of  Maryland. 


APPENDIX. 


I  APPEND  to  this  edition  of  the  Declaration  of  Rights  and  the 
Constitution  of  the  State  of  Maryland,  a  brief  Commentary  shewing 
some  of  the  principal  changes  which  have  been  made  in  them,  —  and 
thus  giving  at  a  glance  a  short  history  of  the  form  of  Government. 

An  investigation  into  the  causes  of  these  changes  is  necessary  to  a 
perfect  understanding  of  them  ;  but  there  is  not  space  in  this  edition 
for  such  a  work.  Those  who  wish  to  look  more  deeply  into  the  matter 
are  referred  to  the  Histories  of-  the  State,  and  to  the  Debates  in  the 
Constitutional  Conventions. 


THE  DECLARATION  OF  RIGHTS. 

This  Declaration  consists  principally  of  immutable  principles  of 
government,  and  these  it  was  impossible  to  change,  —  but  considerable 
change  has  been  made  in  the  phraseology  of  many  of  the  Articles. 

The  most  important  changes  are  the  result  of  the  recent  War, — 
and  relate  to  Slavery, — the  relations  of  this  state  to  the  General 
Government  of  the  United  States,  to  retrospective  oaths,  to  forfeiture 
of  estate  for  treason,  and  to  violations  of  Constitutional  provisions. 

The  First  Article  of  the  Declaration,  which  was  inserted  for  the 
first  time  in  1864 — relating  to  certain  inalienable  rights  and  intended, 
doubtless,  to  apply  to  the  condition  of  the  colored  people  recently 
freed — was  omitted  by  the  late  Convention.  And  the  original  First 
Article  is  retained,  with  the  words  "  according  to  the  mode  pre- 
scribed in  this  Constitution,"  which  were  inserted  in  1851,  —  and 
omitted  in  1864,  still  omitted,  —  leaving  therefore  the  declaration  of 
the  right  of  the  people,  at  all  times,  to  alter  their  form  of  government 
"in  such  manner  as  they  may  deem  expedient,"  entirely  unrestricted 
as  to  the  mode  of  its  exercise. 

Art.  2.  Is  a  substitute  for  Art.  5  of  1864,  which  was  entirely  new 
at  that  time.  It  makes  a  great  change  in  the  mode  of  declaring 
the  Constitution,  &c.,  of  the  United  States  to  be  the  Supreme  Law, 
and  omits  the  declaration  of  paramount  allegiance  to  the  United 
States. 

121 


122  Appendix. 

Art.  3.  Is  new.  It  refers  to  the  reserved  powers  of  the  States 
and  People. 

Art.  4.  Is  the  same  as  Art.  3  in  1864,  relating  to  this  State's 
Rights,  with  the  addition  of  the  words  "  as  a  free,  sovereign  and 
independent  State." 

From  No.  6  to  No.  43,  inclusive,  the  numbers  of  the  Articles  are 
the  same  as  the  Articles  on  similar  subjects  in  1864. 

Art.  7.  Remains  as  in  1851  and  1864,  except  that  the  word  "  free" 
is  omitted  before  the  words  "white  male  citizen."  Formerly  the 
right  of  suffrage  was  restricted  to  those  having  property. 

In  Art.  15,  the  words  "on  persons  or  property,"  with  reference 
to  the  imposition  of  taxes,  were  inserted  in  1851  but  are  omitted  in 
1864  and  1867. 

In  Art.  H,  after  the  declaration  that  no  ex  post  facto  law  ought 
to  be  made,  are  the  additional  words,  "nor  any  retrospective  oath 
or  restriction  be  imposed,  or  required." 

In  Art.  19,  the  word  "free" — in  relation  to  the  right  to  have 
justice — is  omitted  in  1864  and  1867. 

In  Art.  23,  relating  to  imprisonment,  &c.,  the  same  omission 
occurs,  and  the  provision  in  1851  authorizing  the  Legislature  to 
pass  laws  to  regulate  the  colored  people  is  also  omitted  in  1864  and 
in  1867. 

Art.  24  substitutes  for  the  declaration  in  1864,  abolishing  slavery, 
one,  that  it  having  been  abolished  by  the  United  States,  it  shall  not 
be  reestablished,  and  that  compensation  is  due  therefor  from  the 
United  States. 

Art.  27  was  changed  in  1864  so  as  to  allow  forfeiture  of  estate 
for  treason.  This  provision  has  been  stricken  out  and  the  Article 
restored  to  its  original  form,  declaring  that  no  conviction  shall  work 
forfeiture. 

In  Art.  31,  the  phraseology  in  regard  to  quartering  soldiers  in 
time  of  war,  was  changed  in  1864  so  that  the  manner  of  it  shall  be 
"  prescribed  by  law,"  instead  of  "  as  the  Legislature  may  direct,"  and 
so  it  now  remains. 

Art.  33  relates  to  the  independency  of  J-f'ges.  This  Article  has 
undergone  many  changes  since  1776.  It  w.,,  then  declared  with  a 
wherefore  that  "  all  judges  ought  to  hold  commissions  during  good 
behaviour,"  and  the  same  thing  is  declared  in  the  Constitution  of  the 
United  States,  obviously  meaning  the  tenure  of  their  office  for  life. 
When  in  1851  the  tenure  was  reduced  to  ten  years  these  words  were 
omitted,  and  so  in  1864  and  1867. 


Appendix.  123 

Jn  this  Article,  as  it  originally  stood,  there  was  a  declaration  also 
that  liberal  salaries  ought  to  be  provided  by  the  Legislature,  but  in 
1851  and  since,  the  salaries  are  fixed  in  the  Constitution.  The  causes 
and  manner  of  removal  also  were  originally  stated  in  this  Article, 
and  so  remained  in  1851  and  in  1864,  but  the  declaration  now  is, 
"that  Judges  shall  not  be  removed,  except  in  the  manner,  and  for 
the  causes  provided  in  this  Constitution." 

Art.  36,  originally  provided  that  "  all  persons  professing  the 
Christian  Religion  are  equally  entitled  to  protection  in  their 
religious  liberty,"  and  also  the  Legislature  was  authorized  to  lay  a 
tax  for  the  support  of  the  Christian  Religion.  And  it  is  observable 
that  King  Charles,  in  the  Charter  of  the  State,  names  a  "  zeal  for 
extending  the  Christian  Religion,  and  also  the  territories  of  our 
empire,"  as  animating  .the  Baron  of  Baltimore,  and  the  inducements 
to  the  Grant.  In  1851  and  since,  these  declarations  are  omitted, 
and  further,  in  1864,  the  word  Jew  is  omitted,  and  in  186Y  neither 
Jew  nor  Christian  is  named,  nor  is  there  any  mention  whatever  of 
the  Christian  Religion. 

Art.  3T,  expressly  declares  that,  '^no  religious  test  ought  ever 
to  be  required,"  —  and  prohibits  the  Legislature  from  prescribing  any 
other  oath  than  that  prescribed  by  the  Constitution, — the  change 
being,  that  in  1864  reference  was  made  to  the  Christian  Religion 
and  an  oath  of  allegiance  required.  The  original  Art.  3t,  providing 
for  the  rights  of  the  City  of  Annapolis,  is  omitted  in  1864  and 
in  1861. 

In  Art.  38  there  was  inserted  in  1864  a  provision  for  the  prior 
or  subsequent  sanction  of  the  Legislature  to  gifts  or  devises  for 
religious  purposes  and  it  now  remains. 

To  Art.  40,  on  the  Liberty  of  the  Press,  was  added  in  1864  an 
extension  of  the  declaration  to  every  citizen  to  speak,  write  and 
publish  his  sentiments,  and  a  declaration  of  the  responsibility  for  the 
abuse  of  that  liberty  was  also  added 

Art.  43.  Certain  duties  of  the  Legislature  were  declared  in  1851, 
viz:  to  diffuse  knowledge,  promote  the  arts  and  sciences,  &c.,  and 
in  1864  the  extension  of  education  was  added  and  so  it  remains. 

Art.  44,  contains  new  declaration  of  the  applicability  of 
Constitutional  principles  in  War  and  in  Peace,  and  that  a  departure 
from  them  under  plea  of  necessity  tends  to  anarchy  and  despotism. 
The  Last  Article  originally  declared  that  the  form  of  government 
should  not  be  altered  by  the  Legislature  .except  in  the  manner 
prescribed,  and  this  with  slight  variations  was  continued  in  1851, 
and  in  1864,  but  it  is  entirely  omitted  in  186t. 


124  Appendix. 


THE   CONSTITUTION. 

A  great  many  changes  have  been  made  in  the  Constitution,  the 
principal  of  which,  are  the  omission  of  retrospective  oaths  of  office  and 
for  the  Elective  Franchise ; 

The  giving  of  the  Yeto  Power  to  the  Governor ; 

The  abolishing  of  the  office  of  Lieutenant  Governor ; 

The  making  of  the  whole  population  instead  of  the  white  population 
the  basis  of  representation  in  the  lower  House  of  the  Legislature  and 
the  establishing  of  a  dffferent  numerical  ratio  for  such  representation ; 

The  reinstating  of  the  clause  making  Ministers  of  the  Gospel  ineli- 
gible to  the  Legislature ; 

The  rendering  of  persons  of  all  races  and  colors  competent  witnesses ; 

The  prohibition  upon  the  Legislature  from  .suspending  the  writ  of 
Habeas  Corpus; 

The  authorizing  of  a  change  in  the  legal  rate  of  interest  by  the 
Legislature ; 

The  abolishing  of  the  office  of  Pension  Commissioner ; 

The  entire  change  of  the  Judicial  system  by  providing  for  eight 
Judicial  Circuits  instead  of  thirteen,  with  three  Judges  for  each  instead 
of  one  for  each,  and  the  constituting  the  eight  Chief  Justices  of  the 
Circuits  the  Court  of  Appeals — instead  of  an  independent  Court  of 
five  Judges, —  so  that  the  Judges  of  the  Court  of  Appeals  are  elected 
by  the  people  of  each  Circuit,  respectively,  instead  of  by  the  people  of 
the  whole  State ; 

The  requiring  that  all  cases  in  Court  of  Appeals  stand  for  hearing 
at  the  first  term,  instead  of  certain  special  cases  only ; 

The  making  the  Clerk  of  the  Court  of  Appeals  eligible  by  the 
People,  instead  of  to  be  appointed  by  the  Court ; 

The  direction  to  the  Court  of  Appeals  to  frame  rules  in  Equity ; 

The  increase  of  the  salaries  of  all  the  Judges  in  the  State,  except 
those  of  the  Orphans'  Courts ; 

The  union  of  the  five  Judges  of  the  several  Courts  in  Baltimore  City 
into  an  additional  Court,  called  the  Supreme  Bench,  having  some 
supervisory  powers  in  the  nature  of  appeals,  without,  however,  restrict- 
ing the  right  of  appeal  to  the  Court  of  Appeals,  as  heretofore,  and  the 
assignment  of  the  several  Judges  from  time  to  time  to  their  respective 
Courts, —  and  the  giving  of  concurrent  jurisdiction  in  all  common  law 
cases  to  each  of  three  several  Courts ; 

The  change  of  the  terms  of  office  of  the  Judges  of  the  Orphans' 
Court  from  six  to  four  years,  and  making  the  terms  all  expire  together 
instead  of  one  every  two  years,  as  heretofore ; 


Appendix.  125 

The  change  of  the  term  of  office  of  the  County  Commissioners  from 
four  to  two  years  ; 

The  provision  for  a  change  by  the  Legislature  of  the  present  system 
of  Education. 

These  and  some  minor  changes  will  more  fully  appear  by  a  careful 
comparison  of  the  two  forms  of  Government  by  Articles  and  Sections, 
as  follows : 

Article  I. — Elective  Franchise. 

Section  1.  Requires  a  residence  in  the  State  one  year,  and  six 
months  residence  in  the  legislative  district  or  the  county  in  which  one 
votes.  The  phraseology  of  this  section  differs  considerably  from  that 
of  both  1851  and  1864,  and  may  vary  the  rights  of  voters  on  the 
question  of  residence. 

Sec.  2.  Requires  again  that  lunatics  shall  be  under  guardianship 
before  being  disfranchised,  a  provision  inserted  in  1851  but  omitted 
in  1864. 

Sec.  5.  Provides  for  Registration  and  makes  it  conclusive  evidence 
of  the  right  to  vote. 

Sec.  6.  Containing  the  oath  of  office  provides  simply  for  the 
support  of  the  Constitution  of  the  United  States  and  of  this  State, 
and  to  execute  the  office  and  not  to  receive  profits  of  any  other 
office,  omitting  entirely  the  retrospective  clauses  and  references  to  the 
late  rebellion  inserted  in  1864,  and  omitting  also  the  oath  against 
bribery  inserted  in  1851  and  continued  in  1864. 

Article  II. — Executive  Department. 

Section  1.  The  term  of  office  of  the  Governor  was  changed  from, 
three  to  four  years  in  1851,  and  it  so  remains.  By  this  change 
the  expiration  of  it  is  made  to  coincide  with  every  second  term  of 
the  Delegates,  they  being  elected  biennially,  in  which  respect  there  is 
a  similarity  between  the  Constitution  of  this  State  and  that  of  the 
United  States.  Under  the  Constitution  of  1864, — the  elections  were 
held  in  that  year  and  every  four  years  thereafter,  but  now  in  186T 
and  every  four  years  thereafter, — thus  the  elections  for  Governor  are 
now  held  the  year  before  the  Presidential  elections  instead  of  in  the 
same  year,  and  so  the  Elections  for  Delegates  are  held  in  the  years 
intervening  between  those  for  Congressmen,  instead  of  in  the  same 
years 

9 


126  Appendix. 

In  1851  the  State  was  divided  into  three  Gubernatorial  districts, 
from  each  of  which  the  Governor  was  chosen  in  rotation,  whence  it 
resulted  that  the  same  man  could  not  be  chosen  Governor  until  after 
the  expiration  of  eight  years  ;  this  provision  was  omitted  in  1864 
and  in  1867. 

The  provision  for  a  Lieutenant  Governor,  inserted  in  1864,  is 
omitted  in  1861. 

Sec.  3.  Provides  that  the  person  having  the  highest  number  of 
votes  shall  be  the  Governor — thus  not  requiring  a  majority  of  the 
whole  but  a  plurality  only. 

And  by  Sec.  4  it  is  provided  that  when  two  or  more  persons  have 
the  highest  and  an  equal  number  of  votes  for  Governor,  the  second 
vote  shall  be  confined  to  those  persons,  and  if  the  votes  be  again 
equal,  the  election  is  to  be  determined  by  lot.  The  great  use  of 
such  a  provision,  in  some  cases,  will  readily  be  perceived  by  those 
who  have  studied  the  history  of  the  elections  of  Speakers,  Presidents 
and  other  officers,  both  in  the  National  and  State  Legislatures. 

The  plan  of  continually  dropping  the  lowest  candidate  is  often 
practiced  on,  with  advantage — but  if  at  last  there  be  a  tie,  the 
decision  by  lot  is  the  simplest  and  best  on  many  accounts. 

Sec.  5.  Requires  the  Governor  to  have  been  ten  years  a  citizen 
and  five  years  a  resident  of  Maryland.  In  1851  and  in  1864  it  was 
five  years  a  citizen  of  the  United  States  and  five  years  a  resident 
of  this  State. 

Secs.  6  and  1.  Provide  for  the  election  of  a  new  Governor  by 
the  General  Assembly  in  case  of  vacancy  and  the  filling  of  that 
office,  by  the  President  of  Senate  or  Speaker  of  House  during  its 
recess,  which  provisions  are  the  same  as  in  1851  and  were  necessarily 
reinstated  upon  abolishing  the  office  of  Lieutenant  Governor. 

Sec.  8.  The  prohibition  of  the  Governor  from  taking  the  <3ommand 
in  person  of  the  forces  of  the  State  without  the  consent  of  the  Legis- 
lature, inserted  in  1851  and  1864,  is  continued. 

Sec.  it.  The  most  important  change  of  all  concerning  the  Execu- 
tive office,  is  investing  it  with  the  Yeto  Power. 

The  words  in  which  this  power  is  given  are  nearly  the  same  as  in 
the  Constitution  of  the  United  States.  There  is,  however,  a  preamble 
prefixed  defining  its  use  to  be  "  to  guard  against  hasty  or  partial 
legislation,  and  encroachments  of  the  Legislative  Department  upon  the 
co-ordinate  Executive  and  Judicial  Departments," — and  three-fifths  of 
each  branch  may  pass  bills  over  the  veto  instead  of  as  in  the  U.  S. 
two-thirds. 


Appendix.  127 

Sec.  18.  The  duty  of  the  Governor  to  examine  the  books  of  the 
Treasurer  and  Comptroller,  imposed  in  1851  and  continued  in  1864,  is 
continued  in  186t,  with  the  further  duty  of  examining  both  of  those 
officers  under  oath. 

Sec.  20.  The  restrictions  upon  the  pardoning  power,  imposed  in 
1851,  are  continued. 

Sec.  21.  The  salary  in  1851  was  $3,600— in  1864,  $4,000,  and  now, 
$4,500. 

Secs.  22  and  23.  The  salary  of  the  Secretary  of  State,  fixed  at 
$1,000  in  1851  and  so  continued  in  1864,  is  now  ^2,000,  and  the  office 
of  Private  Secretary  ceases  and  the  Secretary  of  State  performs  all 
the  clerical  duty  belonging  to  the  Executive  Department. 

In  1851,  the  Governor's  office  was  stripped  of  its  important  preroga- 
tive of  appointing  Judges  and  many  other  officers,  by  and  with  the 
advice  and  consent  of  the  Senate,  and  these  changes  have  been  since 
retained. 

Article  III. — Legislative  Department. 

Section  2.  In  1851, — the  term  of  office  of  Senators  was  reduced  from 
six  to  four  years,  and  by  a  subsequent  section  it  is  provided  that  one 
half  of  them,  instead  of  one-third,  as  formerly,  should  be  elected  bien- 
nially, and  these  provisions  remain.  The  Constitution,  prior  to  1851, 
was  like  that  of  the  United  States. 

In  1864,  —  the  city  of  Baltimore  was  divided  into  three  districts,  each 
entitled  to  one  Senator,  and  this  provision  remains ;  before  that  time 
the  city  was  entitled  to  one  Senator  only. 

Secs.  3  and  4.  In  1851, — for  the  first  time,  the  principle  of  repre- 
sentation according  to  population  was  adopted ;  but  Baltimore  city 
was  restricted  to  four  more  than  the  largest  county,  by  which  rule  it 
was  entitled  to  ten  members. 

In  1864, — the  principle  of  representation  according  to  population 
was  applied  by  a  peculiar  and  artificial  rule,  limiting  the  larger  counties 
and  the  city  of  Baltimore,  but  giving  as  a  result,  a  larger  representa- 
tion than  heretofore  to  that  city — that  is,  six  members  to  each  of  its 
three  Legislative  Districts.  In  186Y,  another  rule  or  sliding  scale 
was  adopted,  based  somewhat  upon  the  principle  of  representation 
according  to  population,  but  still  limiting  the  city  of  Baltimore  and  the 
larger  counties — the  result  being  the  same  to  Baltimore  city,  viz :  that 
it  now  has  eighteen  members ;  but  this  number  may  be  increased  by 
the  results  of  each  succeeding  census. 


128  Appendix. 

Before  1851,  the  basis  of  representation  was  the  same  as  in  the 
United  States ;  that  is,  it  embraced  three-fifths  of  the  colored  popula- 
tion. In  1851,  the  whole  population  was  made  the  basis.  In  1864, 
the  white  population  was  made  the  basis.  In  1867,  the  whole  popula- 
tion is  again  made  the  basis.  The  result  of  adopting  this  latter  basis 
is  to  give  the  smaller  counties,  in  which  there  is  a  larger  ratio  of 
colored  people,  a  larger  representation  in' the  House  of  Delegates. 

Secs.  6-  and  t.  In  1851, — the  election  of  Delegates,  and  of  one-half 
of  the  Senators,  and  the  Sessions  of  the  Legislature,  were  made 
biennial,  and  they  have  since  so  remained. 

The  elections  of  Representatives  in  Congress  are  biennial,  but  the 
Sessions  of  that  body  annual. 

The  elections  for  Senators  and  Delegates  in  Maryland  are  held  in 
the  years  intervening  between  those  in  which  the  elections  for  represen- 
tatives in  Congress  are  held. 

Sec.  11.  The  provision  making  Ministers  of  the  Gospel  ineligible, 
which  was  omitted  in  1864,  is  now  reinstated. 

Secs.  14  and  15.  The  Legislature  prior  to  1851,  met  in  December. 
In  1851  the  first  Wednesday  in  January  was  made  the  commencement 
of  its  sessions  and  so  it  remains.  In  1851  the  10th  day  of  March 
was  made  the  end  of  the  sessions,  but  in  1864  the  session  was 
unlimited,  but  no  member  was  allowed  to  receive  more  than  $400  — 
the  per  diem  being  $5,00  instead  of  $4.00 — equal  to  80.  working 
days.  In  1861  the  per  diem  remains  the  same  and  the  mileage  is 
not  to  exceed  20  cents  per  mile,  and  the  sessions  are  to  be  ''for 
a  period  not  longer  than  90  days." 

Sec.  2t.  Prior  to  1851  the  Senate  could  not  originate  money 
bills, — in  1851  this  restriction  was  taken  away  and  so  it  remains. 
In  1851  it  was  provided  that  no  bill  should  originate  in  the  last 
three  days  of  the  session,  —  in  1864  this  restriction  was  made  ten  days 
and  so  it  remains;  and  the  provisions  for  reading  bills  on  three 
several  days,  adopted  in  1851,  are  retained. 

Sec.  29.  In  1851  provision  was  made  for  codification  of  the  laws 
of  the  State  and  the  code  was  adopted  in  1860,  and  the  amendments 
since  made  are  enacted  as  the  law  would  read  when  amended. 

Sec.  33.  In  1851  the  Legislature  was  prohibited  from  granting 
divorces,  and  in  1864  the  prohibition  was  extended  so  as  to  embrace 
local  or  special  laws  on  many  subjects,  and  these  useful  restrictions 
are  continued  in  186t. 

Sec.  34.  In  1851,  —  it  was  provided  that  the  State  should  not 
create  any  debt  without  providing  taxes  for  its  payment  in  15  years 


Appendix.  129 

and  for  the  payment  of  interest  on  it  annually,  or  lend  the  credit  of 
the  State,  but  the  State  might  borrow  $50,000  to  meet  temporary 
deficiencies.  These  useful  restrictions  have  been  since  continued,  but  in 
1867  it  is  allowed  to  appropriate  not  more  than  $500,000  to  Internal 
Improvements  in  St.  Mary's,  Charles  and  Calvert  counties. 

Sec.  37.  In  1864, — the  Legislature  was  prohibited  from  paying  for 
emancipated  slaves,  and  so  it  is  in  186T — but  measures  may  be  adopted 
to  obtain  pay  for  them  from  the  United  States. 

Secs.  38,  43  and  44.  The  abolishment  of  imprisonment  for  debt,  the 
protection  of  a  wife's  property,  and  the  exemption  of  a  certain  amount 
of  a  debtor's  property,  in  1851,  remain. 

Sec  48.  Provides  for  a  revision  of  the  laws  relating  to  Corporations. 

Sec.  49.  Provides  for  punishment  for  bribery  and  for  compelling 
persons  bribing  to  testify  against  those  bribed. 

Sec.  51.  Provides  for  taxation  in  the  city  or  county  where  a  person 
resides  the  greater  part  of  the  year ;  but  for  the  taxation  of  goods 
where  they  are  permanently  located. 

Sec.  53.  Makes  no  person  incompetent  as  a  witness  on  account  of 
race  or  color. 

Sec.  55.  Prohibits  the  Legislature  from  suspending  the  writ  of 
Habeas  Corpus. 

Sec.  57.  Allows  the  Legislature  to  provide  for  more  than  six  per 
cent,  interest. 

Article  IY. — Judiciary  Department. 

In  1851, — great  changes  were  made  in  this  department, — among 
which  were  the  Substitution  of  a  tenure  for  a  term  of  years,  for  the  life 
tenure  of  the  Judges ;  the  election  by  the  people  of  Judges,  Clerks, 
Registers,  Justices  of  the  Peace,  Constables  and  Attorneys  of  the 
State ;  the  substitution  of  one  Judge  for  three  in  the  inferior  Courts  of 
Common  Law  and  Equity  ;  the  abolishment  of  the  Court  of  Chancery; 
and  the  establishment  of  a  Court  of  Appeals,  composed  of  four  Judges, 
entirely  independent  of  the  inferior  Courts. 

Sec.  3.  In  1851, — the  term  of  office  of  the  Judges  of  all  except  the 
Orphans'  Courts  was  10  years  ;  in  1864  it  was  lengthened  to  15  years, 
and  so  it  remains.  The  term  was  in  1851  also  limited  to  70  years 
of  age,  and  this  restriction  remains,  modified  however  by  a  clause 
allowing  the  Legislature  to  extend  the  term  beyond  70.  To  this 
section  is  added  a  clause  allowing  removals  by  the  Legislature  upon 
vote  of  two-thirds,  on  account  of  sickness  or  infirmity. 


130  Appendix. 

Sec.  8.  Authorizes  the  parties  to  have  a  cause  tried  without  a 
Jury. 

Sec.  10.  Gives  power  to  the  Judges  to  see  that  the  duties  of  the 
Clerks  are  faithfully  performed,  and  also  to  make  rules  for  the 
government  of  the  Clerks. 

Sec.  14.  In  1851  the  Court  of  Appeals  consisted  of  four  judges 
and  in  1864  of  j^ve,  and  they  were  chosen  separately  from  the  judges 
of  the  inferior  Courts,  and  the  duties  of  the  Judges  of  the  Court  of 
Appeals  were  independent  of  those  of  the  inferior  Courts.  Now  the 
Court  of  Appeals  is  constituted  of  eight  judges,  viz  :  the  seven  Chief 
Judges  of  seven  of  the  Judicial  Circuits  and  an  additional  Judge  for 
this  Court  from  Baltimore  City.  The  jurisdiction  of  this  Court  in 
1851  was  appellate  only,  and  in  1864  the  jurisdiction  is  to  be 
prescribed  by  law,  and  so  it  remains,  and  in  1864  the  sessions  of  this 
Court  were  fixed  for  first  Monday  in  April  and  October  or  as  might 
be  directed  by  law,  and  so  it  remains. 

Sec.  15.  Four  Judges  of  this  Court  constitute  a  quorum,  but  no 
cause  can  be  decided  without  ihree  concurring,  and  the  Judge  who 
heard  the  cause  below  does  not  sit, ,  and  all  cases  stand  for  hearing 
at  first  term. 

Sec.  it.  The  election  of  the  Clerk  of  the  Court  of  Appeals  by 
the  people  is  a  change,  as  in  1851  and  in  1864  he  was  appointed 
by  the  Court. 

Sec.  18.  Contains  some  excellent  provisions  requiring  the  Court 
of  Appeals  to  make  rules  on  several  important  matters,  such  as  the 
time  and  manner  of  taking  appeals,  the  record,  the  practice,  costs 
and  fees,  and  rules  in  Equity. 

Sec.  19.  Divides  the  State  into  eight  Judicial  Circuits. 

Sec.  20.  Requires  that  a  Court  be  held  in  each  county,  to  be 
styled  the  Circuit  Court  for  the  County. 

Sec.  21.  Gives  a  Chief  and  two  Associate  Judges  to  each  Circuit, 
and  provides  that  no  two  of  the  Associates  shall  reside  in  the  same 
county.  Two  jury  terms  are  to  be  held  in  each  county  every  year 
and  two  intermediate  terms,  and  special  terms  may  be  held  at  any 
time,  and  one  Judge  may  transact  any  business. 

Sec.  22.   Provides  for  motions  in  hanc  before  all  three  Judges. 

Sec.  24.  The  salaries  of  Judges  of  the  Court  of  Appeals  in  1851 
was  $2,500,  in  1864  $3,000,  and  now  $3,500,— and  of  the  Circuit 
Courts  in  1851  $2,000  and  in  1864  $2,500,  and  now  $2,800  ;  and  of 
the  Courts  in  Baltimore  in  1851  $2,500  and  in  1864  $3,000,  and 
now  it  is  $3,500,  but  the  City  Council  may  add  $500  more. 


Appendix.  131 

Sec.  21,  &c.  The  arrangement  of  the  Courts  in  Baltimore  is  new 
and  peculiar,  six  Courts  are  provided  for.  The  Supreme  Bench  is 
composed  of  one  Chief  and  four  Associate  Judges,  and  this  Court  is 
required  to  assign  one  or  more  of  their  number  to  each  of  the  other 
five  Courts  and  to  provide  for  the  sickness  or  absence  of  any  Judge. 

Sec.  33.  This  Court  is  required  to  hold  general  terms,  to  make 
rules  for  each  of  the  Courts  and  to  hear  motions  for  new  trial,  &c., 
but  the  right  of  appeal  is  reserved. 

Sec.  39.  Provision  is  made  for  another  Court  in  Baltimore  City 
and  also  for  changing  the  jurisdiction  of  the  several  Courts  in 
Baltimore  City. 

Sec.  40.  The  Judges  of  the  Orphans'  Court  in  1851  were  elected 
for  four  years  and  in  1864  the  term  was  enlarged  to  six  years  and 
one  Judge  was  chosen  every  two  years,  now  the  term  is  reduced  to 
four  years,  and  all  are  elected  together  as  in  1851. 

Sec.  42.  Justices  of  the  Peace  and  Constables  were  in  1851  elected 
by  the  people  ; — but  in  1864  a  return  was  made  to  the  appointments  of 
the  Justices  of  the  Peace  by  the  Governor,  with  the  advice  and  consent 
of  the  Senate,  and  of  Constables  by  the  County  Commissioners  and 
Mayor  and  City  Council,  and  so  it  remains. 

Sec.  44.  In  1851,  —  two  persons  were  voted  for  as  Sheriffs,  and  in 
1864  this  was  changed  and  one  only  chosen,  and  so  it  remains. 


Article  Y. — Attorney  General,  &c. 

Section  1.  In  1851, — the  office  of  Attorney  General  was  abolished, 
and  his  Deputies  who  had  before  that  time  been  appointed,  were, 
under  the  name  of  State's  Attorneys,  chosen  by  the  People. 

In  1864, — the  office  of  Attorney  General  was  reestablished,  and  he 
is  chosen  for  four  years  by  the  people,  and  so  are  all  the  State's 
Attorneys. 

Article  YI. — Treasury  Department. 

In  1851, — the  whole  of  this  Department  was  remodeled.  The 
Comptroller  of  the  Treasury,  a  new  officer,  was  set  up  to  check  the 
Treasurer.  The  former  is  elected  by  the  people  and  the  latter  by  the 
Legislature. 

This  plan  of  giving  authority  to  one  from  one  source  and  to  the 
other  from  another  source  makes  them,  in  a  measure  independent  of 
each  other,  and  thereby  the  danger  of  collusion  is  greatly  lessened. 


132  Appendix. 

By  the  old  system  there  was  no  such  check  upon  the  Treasurer,  the 
integrity  of  a  single  individual  being  the  chief  and  almost  the  only 
safeguard  of  the  State  in  regard  to  its  treasure.  The  provisions 
adopted  in  1851  remain  substantially  the  same;  it  is  to  be  noted 
however  that  the  Governor  is  required  to  examine  both  of  these  officers 
under  oath  as  well  as  their  books. 


Article  YII.  —  Sundry  Offices. 

Sec.  3.  Provides  for  the  appointment  of  State  Librarian  by  the 
Governor,  with  the  advice  and  consent  of  the  Senate,  and  for  a  law 
defining  his  duties.     In  1864  he  was  chosen  by  the  Legislature. 

Article  YIII. — Education. 

This  Article  requires  the  Legislature  at  its  first  Session  to  adopt 
a  thorough  and  efficient  system  of  Free  Public  Schools  and  to  provide 
for  their  maintenance,  —  and  for  the  expiration  of  the  present  system 
adopted  in  1851. 

Article  IX.  —  Militia. 

In  1851  a  Militia  system  was  provided  for  and  certain  officers  were 
to  be  elected  by  the  companies,  &c.,  and  an  Adjutant  General  was 
to  be  appointed  by  the  Governor,  by  and  with  the  advice  and  consent 
of  the  Senate,  for  six  years. 

In  1864  the  Militia  were  defined  to  be  citizens  between  18  and  45 
years  of  age,  but  the  provisions  for  electing  officers  were  omitted,  and 
the  Adjutant  was  to  hold  office  during  the  pleasure  of  the  Governor. 

In  1867  the  Legislature  is  required  to  pass  laws  concerning  the 
Militia,  no  provision  being  contained  in  this  Article,  except  for  an 
Adjutant,  and  his  term  of  office  is  not  defined  otherwise  than  that 
"  he  shall  hold  his  office  until  the  appointment  and  qualification  of 
his  successor,  or  until  removed  in  pursuance  of  a  Court  Martial." 

Article  X. — Labor  and  Agriculture. 

This  is  a  new  Article  and  provides  for  a  Superintendent  of  Labor 
and  Agriculture,  to  be  elected  by  the  people  for  four  years. 


Appendix.  133 


Article  XI.  —  City  op  Baltimore. 

Sec.  1.  This  is  a  new  Article.  The  Mayor  is  elected  for  four 
years  and  is  ineligible  for  the  second  term. 

Sec.  2.    The  City  Council  is  divided  into  two  Branches. 

Sec.  3.  The  First  Branch  is  elected  every  year  and  the  Second 
every  two  years. 

Sec.  4.  The  regular  sessions  are  to  continue  not  more  than  ninety 
days  and  the  extra  sessions  not  more  than  twenty  days 

Sec.  5.  The  members  are  not  to  hold  any  other  offices  nor  to  be 
interested  in  any  City  contracts. 

Sec.  6.  The  Mayor  may  be  removed  on  conviction  in  a  Court  of 
Law. 

Sec.  T.  No  debt  can  be  created  nor  can  the  credit  of  the  city  be 
lent,  unless  authorized  by  the  Legislature  and  approved  by  a  vote  of 
the  people. 

Secs.  8  and  9.  Authorizes  the  Legislature  to  change  any  part  of 
this  Article,  except  the  seventh  section.. 


Article  XII.  —  Public  Works. 

Some  of  the  provisions  of  this  Article  are  new,  and  the  Board  is 
authorized  to  sell  or  exchange  the  State's  interest  in  some  of  the 
works  of  Internal  Improvement. 

Article  XIII.  —  New  Counties. 

By  this  Article  the  new  county  of  Wicomico  is  created  out  of  parts 
of  Somerset  and  Worcester,  and  provision  is  made  for  other  new 
counties  to  be  created  under  authority  of  the  Legislature. 

Article  XIY.  —  Amendments  to  the  Constitution. 

In  1851  the  only  method  of  amendment  provided  was  by  a 
Convention  to  be  called  by  the  Legislature,  upon  taking  the  sense 
of  the  people  after  every  census.  Before  that  time  amendments  were 
made  by  Act  of  the  Legislature,  passed  at  one  session  and  confirmed 


134  Appendix. 

at  the  next.  In  1864  three  modes  of  amendment  were  provided,  viz: 
first,  three-fifths  of  both  houses  were  authorized  to  propose  amendments 
to  the  people  ;  secondly,  two-thirds  of  both  houses  were  authorized  to 
call  a  Convention,  and,  thirdly,  in  1882,  and  in  every  twentieth  year 
thereafter,  the  question  of  a  Convention  was  to  be  put  to  the  people. 
Now,  the  plan  of  submitting  Amendments  to  the  People  by  three 
fifths  of  each  House  is  retained — and  also  the  plan  of  submitting  to  the 
People,  every  twenty  years,  the  question  of  calling  a  Convention  ;  but 
the  Legislature  is  not  by  this  Article  as  it  now  stands  expressly 
authorized  to  call  a  Convention,  or  even  to  submit  the  question  of  a 
call  to  the  People  at  any  other  time. 


Article  XY. — Miscellaneous. 

This  Article  provides  for  returns  of  excesses  of  fees  by  all  officers  ; 
the  continuance  of  the  Courts,  and  all  officers  until  superseded ;  for 
new  elections  in  cases  of  tie ;  that  Juries  be  judges  of  law  and  fact  in 
criminal  cases,  and  for  Jury  trials ;  and  fixes  the  terms  of  office  of  all 
officers  in  the  State  more  definitely  than  heretofore. 


The  Yote  on  the  Constitution 

and  the  Proclamation  of  the  Governor  thereupon  are  provided  for  at 
the  conclusion  of  the  Constitution. 


CONCLUSION. 


The  Legislature  is  directed  by  this  Constitution  to  pass  laws  on 
several  subjects,  particularly  pointed  out,  in  order  to  carry  out  its 
provisions,  and  to  conform  to  the  changes  made.- 

The  author  of  these  brief  notes  hopes  that  they  may  prove  an  accept- 
able guide  to  the  study  of  some  questions  of  the  Constitutional  History 
of  this  State,  —  and  particularly  as  to  the  changes  recently  made. 

EDWARD  OTIS  HINKLEY. 
Baltimore,  Oct.  23rd,  186t. 


INDEX. 


NOTE.  — In  this  Index  those  Articles  to  which  no  Section  is  added,  are  in  the 
Articles  in  the  Consti'ulion  beingr  followed  by  their  Sections. 


Art. 


Declaration  of  Rights:  the 
Sect.  Pagu. 


Absentees,    attendance    of,    may    be      compelled    by    the 

Legislature 

Absurdity  of  the  doctrine  of  non-resistance 

Accountability  of  public  officers 

to  God,  belief  in,  a  necessary  qualification  ftir  a  Witness 

or  Juror 

Accusation,  every  man  to  be  informed  of,  against  him 

Action,  not  allowed  for  words  spoken  in  debate 

removal  of 

^ds  committed  before  retrospective  laws. 

moral  accountability  for 

record  of,  to  be  kept  by  Secretary  of  State 

Acts  of  Assembly,  in  force  in  Maryland 

Addition,  to  the  code  of  laws  to  be  published 

to  salary  of  Treasurer  or  Comptroller  not  allowed 

Address  of  General  Assembly  to  remove  Judges 

Adjournment  o{  the  Legislature 

Adjustment  of  accounts  of  the  State 

Adjutant  General  to  be  appointed  by  Governor 

Administration  of  Justice,  independency,  Ac,  of  Judges 

Adoption  of  the  Constitution 

Advice,  of  Senate    necessary    to   appointment   of  Judges, 

&c :.. 

Affinity  of  Judges  to  parties  in  cases 

Age,of  voters 

of  Governor 

of  Senators  and  Delegates 

of  Judges 

of  Sheriff. 

Agents,  no  extra  compensation  to  be  allowed  to 

Agriculture,  to  be  encouraged  by  the  Legislature 

Superintendent  of 

tolls  to  be  adjusted  so  as  to  promote 

Aids,  not  to  be  leAded  without  consent  of  Legislature 

Allegiance,  oath  of. 

Allowance,  additional  not  to  be  made  to  Pablic  Officers 

to  Senators  and  Delegates 

to  Clerks,  of  their  fees 

to  State's  Attorneys 

to  Treasurer  and  Comptroller 

Alteration,  of  governmont  

of  salaries  not  allowed 

Amendment,  of  the  Constitution 

of  bills,  &c 

Anarchy,  tendency  to,  by  departure  from  Constitution 

Annapolis  City,  to  be  the  place  of  meeting  of  Legisla- 
ture  

Court  of  Appeals  to  sit  there 

Appointments  by  the  Governor 


3 

20 

44 

6 

... 

15 

6 

15 

36 

21 

21 

18 

3 

18 

44 

4 

8 

61 

7 

... 

17 

SG 

21 

2 

23 

36 

5 

... 

14 

3 

29 

48 

6 

1 

88 

S3 

19 

4 

4 

60 

3 

15,  25 

4S 

!,4f5 

3 

24 

45 

6 

2 

89 

9 

2 

96 

So 

19 

15 

... 

118 

4 

14,42 

64,80 

4 

7 

61 

1 

1 

24 

•  2 

5 

30 

3 

9 

41 

4 

2 

59 

4 

44 

82 

3 

35 

61 

43 

... 

23 

10 

1 

97 

12 

2 

105 

14 

16 

37;  1 

6 

21; 

;  27 

3 

35 

51 

3 

15 

43 

3 

45 

53 

5 

3,9 

84 

,86 

6 

1 

88 

1 

13 

3 

35 

51 

1,6 

13 

,15 

11 

1,2 

111, 

112 

3 

27 

47 

44 

23 

11 

... 

16 

4 

14 

65 

2 

10,  11,  12 

32,  33 

13,14 

135 


136 


Index. 


Sect- 


Page. 


Appointments,  Senators  and  Delegates  not  to  receive 

by  House  of  Delegates  of  Auditors 

of  Judges,  to  fill  vacancies 

of  Clerks  of  Courts,  to  fill  vacancies 

of  Registers  of  Wills,  to  fill  vacancies 

of  Justices  of  the  Peace  and  Constables,  to  fill  vacan- 
cfes 

of  Sheriffs,  to  fill  vacancies 

of  State's  Attorneys,  to  fill  vacancies 

of  Comptroller  and  Treasurer,  to  fill  vacancies 

of  Surveyors,  to  fill  vacancies 

of  Wreck-Masters,  to  fill  vacancies 

of  Adjutant  General....... 

of  Directors  of  Rail  Road  and  Canal  Companies 

Apportionment  of  Delegates 

Appropriations  of  money,  how  to  be  made  by  Legisla- 
ture  

of  proceeds  of  internal  improvement  companies,  &c., 
restrained 

duties  of  Comptroller  in  relation  to 

Aiinies,  standing,  dangerous  to  liberty 

Arrangeinent  of  Code  not  to  be  altered  by  Legislature 

Arrest  of  military  ofiicers  for  disobedience 

Arts  to  be  encouraged  by  Legislature 

Assembly,  Acts  of,  in  force 

to  consist  of  two  branches 

to  meet  in  January,  biennially 

address  of  two-thirds  to  remove  Judges 

Assessment  of  paupers  not  to  be  made ; 

Attainder,  laws  of,  not  to  be  made 

Attendance  of  absent  members  may  be  compelled  by  each 

House  of  Assembly 

Attestation  of  Divine  Being  in  administering  oaths 

of  the  laws  of  the  State 

of  records  of  late  Court  of  Chancery 

Attorney  General,  office  of,  created 

Attorneys  of  the  State,  their  elections,  &c 

Auditors  of  accounts  of  the  State  to  be  appointed  by  the 

House  of  Delegates 

Avoidance  of  sanguinary  laws 

Ayes  —  see  Teas. 

BaU 

Ballot 

Baltimore  City,  representation  of,  restricted 

Courts  and  Clerks  of. 

organization  of 

Baltimore  and  Ohio  Rail  Road 

Bank  Book 

Banks 

Baron  of  BaUimore 

Behavior 

Belief. 

Benefit  of  certain  English  statutes  secured  to  the  people 

BiUs 

Blood 

Bonds  of  office  to  be  sued  by  order  of  House  of  Delegates 

of  Sherifis 

of  Comptroller  and  Treasurer 

of  State  to  be  signed  by  Comptroller  and  Treasurer 

Books 


3 

10 

41 

3 

24 

45 

4 

5 

60 

4 

17,25 

66,71 

4 

41 

80 

4 

43 

81 

4 

44 

82 

5 

5,11 

8.5,  87 

6 

1 

88 

7 

2 

93 

7 

6 

95 

9 

2 

96 

12 

2 

104 

3 

3,4,5 

37,  38,  39 

3 

34 

80 

6 

2 

89 

29 

19 

3 

29 

48 

2 

13 

33 

43 

... 

23 

5 

14 

3 

1 

37 

3 

14 

43 

4 

4 

60 

15 

... 

16 

18 

... 

17 

3 

20 

44 

39 

22 

3 

30 

48 

7 

4 

94 

5 

1 

83 

5 

7 

85 

3 

24 

45 

16 

17 

25 

18 

1 

1 

24 

3 

4 

38 

4 

27, 

&c. 

72,  &c. 

11 

1, 

&c. 

99, 

&c. 

12 

3 

105 

2 

IS 

35 

3 

39 

52 

6 

14 

3 

19 

,23 

44 

,45 

37,39 

21 

,22 

5 

14 

3.  27, 

28,29 

,30 

47 

,48 

27 

... 

19 

3 

24 

45 

4 

44 

82 

6 

1 

89 

16,39 


43,52 


Index. 


137 


Art. 


Sect. 


P.KGE. 


Bmrrffwing 

Branches  of  Legislature.. 

Bribery 

Burthen 

Burying  Cfround 

Business 


Calvert,  Cecilius 

Calvert  Cbuniy 

Canals 

Candidate,  bribery  in  regard  to 

Oases  of  State  in  Court  of  Appeals,  &c 

criminal,  jury  to  be  judges  of  law  and  fact 

Census 

Certificate 

Challenge 

Cfiancery 

Change  of  Constitution 

of  Residence 

Charges  not  to  be  levied  without  consent  of  Legislature 

criminal,  copy  of  to  be  furnished 

of  Clerks,  &c.,  to  be  regulated 

Charles  the  First 

Charles  County 

Charter  of  the  State 

of  Banks : 

of  Corporations 

Cfiesapeake  and  Delaware  Canal 

Chesapeake  and  Ohio  Canal 

Church 

Circuit  Courts 

Citizen 

City  of  Annapolis — see  Annapolis  City. 
City  of  Baltimore — see  Baltimore  City. 

City  Council 

Classification 

Clerks,  their  charges  to  be  regulated 

of  Court  of  Appeals 

powers  and  duties  of 

election  of .' 

to  return  account  of  receipts  and  expenses 

Code .s 

Collectors 

Colored  population 

Command  in  Chief. 

Commerce 

Commissions,  public 

or  fees    not   to   be  recelTed  by  Judges,  Comptroller, 

Treasurer,  &c 

to  be  issued  to  Sheriffs,  Judges,  &c.,  by  Governor 

of  State's  Attorneys 

Commissioners  to  revise  laws 

of  County «. 

of  Land  Office 

Commitment ., 

Committee  of  the  Whole 

Common  Law 

Common  Pleas,  Court  for  Baltimore  City 

(immunity 

Compact 

Companies - 


3 

34 

50 

3 

1 

.37 

1,3 

3,50 

25,  5> 

14 

... 

1<> 

38 

22 

3 

21 

44 

5 

15 

3 

34 

60 

3,12 

54,2 

57, 104 

1 

3 

25 

5 

3,6 

84,85 

15 

5 

116 

3 

4 

38 

6 

3 

90 

3 

41 

52 

7 

4 

94 

1,6 

... 

13,15 

1 

1,* 

24,26 

14 

... 

16 

21 

18 

3 

45 

53 

5 

... 

15 

3 

34 

50 

5 

... 

15 

3 

39 

52 

3 

48 

55 

12 

2,3 

104,105 

12 

2,3 

104, 105 

36,37,33 

21 

4 

19,  &c. 

68,  &c. 

7;  1 

1 

15;  24 

1,11 

5,2,3 

26,100 

3 

8 

40 

3 

45 

53 

4 

17 

68 

4 

10,  26,  38 

62,  72,  77 

4 

17,  25,  37 

66,  71,  77 

15 

1 

114 

3 

29 

48 

3 

12 

41 

24;  3 

37,53 

18;  51,57 

2 

8 

31 

41,43 

... 

22,23 

4 

13 

64 

4,6 

6,1 

61,  83 

4 

11 

63 

5 

2,8  &  9 

83  &  86 

3 

48 

5i 

7 

1 

92 

7 

4,5 

94 

3 

24 

45 

3 

21 

44 

5 

14 

4 

28 

72 

15 

17 

1 

13 

3,39 

34,48 

51,54 

138 


Index. 


Compensation  for  slaves 

of  Governor 

of  Secretary  of  State — 

of  Senators  and  Delegates 

of  Public  Officers 

for  Slaves 

for  private  property  taken 

of  Clerks,  Registers,  &c 

of  officers  of  Courts 

of  Judges  of  Court  of  Appeals 

of  Judge  of  Circuit  Court 

of  Judges  of  Riltimore  Courts 

of  Clerks  of  Baltimore  Courts 

of  Judges  of  Orphans'  Courts 

of  Justices  of  the  Peace 

of  Attorney  General 

of  State's  Attorneys 

of  Comptroller  and  Treasurer 

of  Surveyors „ 

of  State  Librarian * 

of  Commissioner  of  Land  Office 

of  Wreck-Master 

of  Adjutant  Qenei-al 

of  Superintendent  of  Labor  and  Agriculture .. 

of  officers  generally 

Competition 

Complaints 

Q>mptroller  of  Treasury 

Concurrence 

Conduct 

Congress 

Ginsanguinity 

Constables — see  Justices  of  the  Peace. 

Constitution  of  United  States,  supreme  law 

applies  in  War  and  Peace 

Construction 

Contingent  Fund 

Contracts  to  maintain  worship 

for  public  offices  to  be  examined 

for  public  debt 

extra  compensation  not  to  be  allowed 

Contribution : 

Convention 

Conviction  of  criminals 

of  Public  Officers 

Coroners 

Corporations ^ 

Corruption  of  Blood 

Counsel 

Counties,  to  form  Senatorial  Districts 

not  to  contract  debts 

to  be  formed 

County  Commissioners 

Courts,i'hciT  use  of  English  Statutes... 

Legislative,    Executive    and    Judicial    powers    to    be 
separated 

evidence  against  oneself  not  to  be  compelled 

laws  to  be  certified  to 

the  Judicial  powers  of  the  State. 

the  Circuit  Courts 


Art. 

Sect. 

Paqb. 

24 

... 

18 

2 

21 

36 

2 

22 

36 

3 

15 

43 

3 

36 

51 

3 

37 

51 

3 

40 

52 

3 

45 

63 

4 

9 

62 

4 

24 

71 

4 

24 

71 

4 

31 

74 

4 

37 

77 

4 

40 

79 

4 

42 

81 

6 

3 

84 

5 

9 

86 

6 

1 

88 

7 

2 

93 

7 

3 

93 

7 

4 

94 

7 

6 

95 

9 

2 

90 

10 

3 

98 

15 

1 

115 

12 

2 

104 

3 

24 

45 

2,6 

18,  1,  &c. 

35,  88,  Ac. 

3,4 

25,4 

46,60 

6 

... 

li 

1,3 

3,10 

26,41 

4 

7 

61 

2 

13 

44 

23 

45 

23 

3 

32 

49 

36 

... 

21 

3 

24 

46 

3 

34 

50 

3 

35 

51 

15,36 

... 

16,21 

14,15 

l,&c. 

111,  118 

27;  1 

2 

19;  25 

3,4,5 

26,  4, 1,  11 

46,  60,  83,  87 

4 

45 

82 

3 

34,  48,  58 

50,  54, 58 

27 

19 

21 

18 

3 

2 

37 

8 

64 

57 

13 

1 

106 

4,7 

42,1 

81,92 

5 

14 

8 

15 

22 

... 

18 

3 

30 

48 

4 

1 

68 

4 

19,  Ac. 

68,  &c. 

Index. 


139 


Art. 

Courts,  Baltimore 4 

Clerks 4 

the  Orphans' Court,  Ac 4 

trials  by  Jury 4 

continued ^„. 15 

Oourl  of  Appeals 3,  4 

Courts  Martial 2 

Credit  oi  State  not  to  be  given 3 

Crime 21,22,27; 

1,3 

Criminal  Court  of  Baltimore  City 4 

Crueliy 16,25 

Debate 10;  3 

Debts  not  to  be  contracted  by  Legislature 3 

of  a  husband ^ 3 

exemption  from 3 

imprisonment  for 3 

of  the  State 3,  6 

Decisions  of  Governor  to  be  reported  to  Legislature 2 

of  Court  of  Appeals  to  be  published 4 

Declaration  of  Rights 1 

Defaulters 3 

Defence » 21,28;  3 

Deficiencies 3 

Delay  of  justice 19 

Delegates,  election  district  for 3 

returns  of  elections  for  Governor,  &c 2 

apportionment  of 3 

how  elected  —  term  of  office 3 

qualifications  of 3 

ineligibility  of  Congressmen 3 

ineligibility  of  Ministers 3 

ineligibility  of  defaulters 3 

provisions  for  vacancies 3 

compensation '. 3 

disqualified  to  hold  certain  offices 3 

not  liable  for  words  spoken  in  debate 3 

powers  of,  as  Grand  Inquest 3 

Denial  of  justice 19 

Denoviinations  of  Religion 36,  38,  39 

3 

Departments  of  Government  to  be  separate 8 

of  power,  rotation  in 34 

Despotism,  tendency  to,  by  departure  from  Constitution 44 

Devise 38 

Diminution  of  salaries,  &c.,  forbidden 4 

Directors  in  Rail  Roads  and  Canal  Companies 12 

Disfranchisement  for  ]^eTJuvy,  &c...f ...  1 

Disqualification  of  Churehes,  Ministers,  &c.,  from  holding 

property 38 

of  convicts,  lunatics,  &c 1 

for  bribery,  Ac 1 

of  Senators  and  Delegates 3 

of  Judges,  &c 4 

Distinction  of  Departments  of  Government •  8 

Oisfricis,  provisions  about  removal  1 

legislative  in  Baltimore 3 

judicial 4 

for  Justices  of  the  Peace 

D<vine  Being 37,  39 


Sect. 

Page. 

27,  &c. 

72 

10,17,25,37 

62,66,71,77 

40 

79 

8 

61 

2 

115 

30,14 

48,64 

15 

33 

34 

50 

2,  3,  4, 

18,19; 

24 

25,  26,  45 

30,36 

73,76 

... 

17,18 

18 

16;  44 

34 

50 

43 

53 

44 

63 

38 

52 

35,2 

50,89 

20 

36 

16 

66 

... 

13 

12 

41 

34 

18,19;  61 

34 

51 

... 

17 

2 

37 

2,3 

29 

3,4,5 

37,  38,  39 

6,7 

40 

9 

40 

10 

41 

U 

41 

12 

41 

13 

42 

15 

43 

17 

44 

18 

44 

24 

45 

... 

17 

20,  21,  22 

11 

41 

... 

15 

20 

... 

23 

... 

21 

31 

74 

2 

104 

7 

28 

21 

2 

25 

3 

25 

10 

41 

7 

61 

... 

15 

1,4 

25,26 

2,4 

37,39 

19 

68 

42 

81 

20,  21,  22 

140 


Index. 


Divm'ce. 

Duellists „. 

Education 

Elections  to  be  free  and  frequent 

qualifications  of  voters,  &c 

disqualification  of  criminals 

bribery,  illegal  voting,  &c i 

to  be  held  on  refusal  to  take  oath 

of  Governor 

of  Senators  and  Delegates 

provisions  for  vacancies 

disqualifications  

purity  of. 

contested 

regulation  of 

of  Judge  of  Circuit  Courts 

provision  for  death,  Ac,  of  Judges i 

returns  of 

of  Judge  of  Court  of  Appeals  from  Baltimore 

of  Clerk  of  Court  of  Appeals 

of  Baltimore  Courts 

of  Clerks  of  Courts 

of  Judges  of  Orphans'  Courts  and  Registers  of  Wills 

of  Sheriffs. 

of  Coroners,  Elisors,  Notaries,  &c 

of  Attorney  General 

of  State's  Attorneys 

of  Treasurer,  Comptroller,  &c 

of  County  Commissioners 

of  Road  Surveyors 

of  Wreck-Master 

cases  of  a  tie,  &c. 

■when  to  be  held 

Elective  Franchise 

Electoral  Districts 

Electors 

Eligibility  of  Governor 

of  Senators  and  Delegates 

of  Defaulters 

of  Judges 

of  Clerks  of  Courts 

of  Judges  of  Orphans'  Courts,  Registers  of  Wills,  &c 

of  Sheriffs,  Ac 

of  Attorney  General 

of  State's  Attorneys 

of  Mayor 

Elisor 

Enactments,  style  of  laws 

passage  of  bills 

to  carry  into  execution  powers  vested  by  the  Con- 
stitution   

Endorsement 

England 

Enumeration 

Equity .* 

Establishment  of  Government 

Evidences  of  Witnesses,  and  against  oneself. 

no  exclusion  on  account  of  race  or  color 

Execution  of  laws  not  to  be  suspended 

of  laws  to  be  enforced  by  Governor 

exemption  of  property  from 


Art. 

Sect. 

Page. 

3 

33 

49 

3 

41 

52 

43;  8 

1 

23;  95 

... 

15 

1 

24 

2 

25 

3 

25 

7 

28 

2 

2 

29 

3 

2,6,7 

37,40 

3 

13 

42 

3 

9, 10,  11, 12 

40,  41 

3 

42 

53 

3 

47 

54 

3 

49 

55 

3 

59 

5 

60 

11 

63 

14 

65 

17 

66 

31 

73 

25,37 

71,77 

40,  41 

79,80 

44 

82 

45 

82 

1 

83 

7 

85 

1 

88 

1 

92 

2 

92 

6 

95 

4 

115 

7 

116 

1 

24 

1 

24 

3 

25 

2 

4,5 

30 

3 

9, 10,  11 

40,41 

3 

12 

41 

4 

2,3 

59 

4 

25 

71 

4 

40,41 

79,80 

4 

44 

82 

5 

4 

85 

5 

10 

87 

11 

1 

100 

4 

45 

82 

3 

29 

47 

,  3 

28 

47 

3 

66 

57 

6 

3 

90 

6 

... 

14 

45;  3 

4 

23;  £9 

5;  4 

18,29 

14;  67,73 

6 

... 

15 

21,  22 

... 

18 

3 

53 

57 

9 

... 

15 

2 

9 

32 

3 

44 

53 

Index. 


141 


Executimi  of  powers  vested  by  the  Constitution.... 
Executive  powers  of  Government  held  in  trust,  &c. 

to  be  distinct  from  Legislative  and  Judicial.... 

rotation  of 

powers  vested  in  Governor 

how  elected,  kc 

contingent  fund 

appointments  by 

Exemption 

Exile 

Expenditure  for  books,  Ac 

IIouso  of  Delegates  to  inquire  into 

of  public  money 

Comptroller,  Treasurer,  Ac 

Expiration  of  term  of  office  of  Sheriff 

Ex  post  facto  laws  not  to  be  made 

Expulsion 


Facts 

Faith. 

Fees,  not  to  be  levied  without  the  consent  of  Legisla- 
ture  

not  to  be  received  by  Judges 

of  Clerks,  &c 

of  State's  Attorney 

not  to  be  received  by  Treasurer  or  Comptroller 

of  Commissioner  of  Land  Office 

over  three  thousand  dollars  to  be  paid  to  Treasurer.. 

Felony 

Fines  may  bo  imposed  for  the  benefit  of  the  community, 

excessive,  not  to  be  imposed 

for  illegal  voting 

may  be  remitted  by  the  Governoi-. 

Forces 

Foreign  Powers 

Forfeitures 

Forms  of  Government 

Foundation  of  Government 

Franchise 

Free  Public  Schools 

Freedmn 

Functions •. 

Fund 


General  Assembly- 

Gifts 

God 


Lfgislalure. 


Gospel 

Governor,  oath  of 

term  of  office 

to  enter  office 

mode  of  elections  and  returns 

case  oF  tie , 

qualifications 

vacancies  and  impeachment  ... 

his  powers  and  duties , 

to  execute  laws 

to  appoint  all  officers 

time  of  appointments 

to  remove  officers 

to  convene  the  Legislature 

10 


Art. 

Sect. 

Page 

3 

56 

57 

6 

... 

15 

8 

15 

34 

20 

2 

1 

28 

2 

2 

29 

3 

32 

49 

2 

13,14 

33 

3 

18,44 

44,53 

23 

18 

3 

16 

43 

3 

24 

45 

3 

32 

49 

6 

2 

89 

4 

44 

82 

17 

17 

3 

19 

44 

20;  15 

6 

17;  116 

36;  3 

34 

20;  50 

14 

16 

33 

20 

3 

45 

53 

5 

3,9 

84, 86 

6 

1 

88 

7 

4 

94 

15 

1 

114 

18 

17 

15 

16 

25 

18 

1 

4 

26 

2 

20 

35 

2 

8 

31 

35 

... 

20 

27;  2 

20 

19;  35 

1 

12 

1,7 

13,15 

1 

1 

24 

8 

1 

95 

23,24,34 

... 

18,20 

8;  10 

... 

15;  16 

3,6,8 

34, 3,  3 

50,  90, 96 

35,38;  3 

34 

20,21;  50 

36,  37,  39 

20,21,22 

38;  3 

11 

21;  41 

1 

6 

27 

2 

1 

28 

2 

3 

29 

2 

2,3 

29 

2 

4 

30 

2 

5 

30 

2 

6,7 

31 

2 

8 

31 

2 

9 

32 

2 

io,n,12 

32 

2 

13,14 

33 

2 

15 

33 

2 

16 

33 

142 


Index. 


Aet.  Sect.  Page. 

Governor,  \eto  povfer 2  17  34 

to  examine  Treasury  Accounts 2  18  35 

messages 2  19  35 

pardoning  power 2  20  35 

residence  and  salary 2  21  36 

to  appoint  Secretary  of  State 2  22  36 

to  arrange  representation  in  House  of  Delegates 3  5  39 

to  issue  warrants  of  election 3  13  42 

proclamation  to  convene  Legislature 3  14  43 

to  sign  bills 3  30  48 

may  recommend  releasing  debts 3  33  49 

to  appoint  Commissioners  to  revise  laws 3  48  54 

to  remove  Judges 4  4  60 

to  appoint  Judges  to  fill  vacancies 4  5,40  60,80 

returns  of  elections  to  be  certified  to 4  11  63 

to  order  new  election  in  case  of  tie 4,15  12,4  63,116 

to  sign  public  grants 4  13  64 

to  designate  Chief  Justice  of  Court  of  Appeals 4  14  64 

to  appoint  Justices  of  the  Peace 4  42  81 

to  appoint  Justices  of  the  Peace  to  fill  vacancies  4  43  81 

to  appoint  Sheriffs,  to  fill  vacancies,  &c 4  44  S2 

to  appoint  Attorney  General  to  fill  vacancies 5  5  85 

to  appoint  State  Librarian   7  3  93 

to  appoint  Treasurer  and  Comptroller  to  fill  vacancies....  6         '  1  88 

to  appoint  Adjutant  General 9  2  96 

to  appoint  Superintendent  of  Labor  and  Agriculture  to 

fill  vacancy 10  2  97 

to  declare  office  of  defaulters  vacant 15  1  114 

to  proclaim  the  vote  on  the  Constitution 15  ...  118 

GorernTnen^,  origin,  foundation,  i-c 1,7  ...  13,15 

right  of  reform 1,6  ...  13,15 

separation  of  departments 8  ...  15 

seat  of 11  ...  16 

support  of. 15  ...  16 

militia,&c 28,29  ...  19 

plea  of  necessity,  bad 44  ...  23 

place  of,  may  be  changed 2  16  33 

Governor  to  reside  at  seat  of. 2  21  36 

laws  to  be  passed  to  execute  powers  of. 3  56  57 

Grand  Inquest 3  24  45 

(rranis  under  Charter  of  dharles  the  First 5  ...  14 

by  the  Legislature 3  22  49 

of  Charters  for  Banks,  &c 3  39  52 

of  land  from  United  States 3  46  53 

form  of 4  13  64 

Gratitude  of  Almighty  God 1  ...  13 

Great  Seal 3         <  30  48 

Grievances 13;  3  24  16;  45 

Habeas  Corpus 3  55  57 

Honors .'. 42  ..;  22 

Houses  of  Assembly  —  SQQ  Legislature. 

House  of  Delegates — see  Legislature. 

Husband  and  xoife 3  43  53 

Impartiality 21,33  ...  18,19 

Impeachment 10;  2,3,4      7,20,26,4  .      16;31,35, 

•  46, 60 

Imprisonment 23;  1,  3  4,  23,  38  18;  26,  45,  52 

Incompetency 2,4  15,4  33,60 


Index. 


143 


Independency  of  Judges 

Indictment 

Individuals,  credit  to 

Ineligibility — see  Eligibility. 

Information 

Inhabitants  entitled  to  Common  Law 

Injuries 

Injustice 

Inquest 

Inquiry 

Insolvent 

Institution 

Instruction 

Insurrection 

Interest 

Internal  Improvements 

Invasion 


Jail 

Journals 

Judges  bound  by  U.  S.  Constitution 

separation  of  departments  of  Government 

oath  of ; 

independency  of, — removal 

each  House  of  Legislature  to  be,  in  certain  cases 

qualifications  of. 

elections  of. 

teim  of  oflSce 

retiring  for  inabihty 

removal  for  incompetency 

vacancies 

conservators  of  the  peace ,. 

disqualifications 

trial  without  Jury 

removal  of  cases 

to  appoint  officers  of  Courts 

to  investigate  expenses  of  Courts 

to  make  rules  for  Clerks 

election  returns 

case  of  tie,  new  election , 

Court  of  Appeals 

quorum  of  Court  of  Appeals 

^     Judge  not  to  sit  below 

opinions  in  three  months 

to  hear  cases  at  first  term 

to  designate  cases  to  be  repoi-ted 

to  appoint  clerk  in  case  of  vacancy... 

to  make  rules  about  records,  practice,  costs,  fees,  arid 
equity  cases 

of  Circuit  Courts 

their  jurisdiction ; 

Chief  and  two  Associates  for  each  Circuit 

terms  of  Circuit  Courts 

one  Judge  may  sit 

points  to  be  heard  in  banc 

right  of  appeal  preserved 

opinions  in  two  months 

salaries 

appoint  clerks  to  fill  vacancies 

to  approve  deputy  clerks 

of  Courts  in  Baltimore 


Art. 

Sect. 

Page. 

33 

... 

19 

21;  4 

13 

18;  64 

3 

34 

50 

21;  2 

19 

17;  35 

5 

... 

14 

19 

17 

17 

17 

3 

24 

45 

3 

24 

45 

4 

28 

73 

1 

13 

8 

1 

96 

2 

8 

32 

3 

34,57 

50,57 

3 

34,54 

60,67 

2 

8 

32 

3 

24 

45 

3,6 

22,4 

45,91 

2 

14 

8 

... 

15 

1 

6 

19 

33 

27 

3 

19 

44 

2 

59 

3 

59 

3 

59 

3 

60 

4 

60 

5 

60 

6 

61 

7 

61 

8 

61 

8 

61 

9 

62 

9 

62 

10 

63 

11 

63 

12 

63 

14 

64 

15 

65 

15 

65 

15 

65 

15 

66 

16 

66 

17 

66 

18 

66 

19 

68 

20 

68 

21 

68 

21 

69 

21 

69 

22 

70 

22 

70 

23 

71 

24 

71 

25 

71 

26 

72 

27 

72 

144 


Index. 


JMC?gres,  jurisdiction 

Supreme  Bench  of  Baltimore 

salaries 

assignment  of,  in  Baltimore 

make  rules  for  Supreme  Bench 

right  of  appeal  preserved 

Chief  Judge  of  Supreme  Bench  to  test  writs 

Quorum,  three  Judges 

cases  pending  to  he  proceeded  with 

of  Supreme  Bench  to  appoint  Clerlts  to  fill  vacancies 

another  Court  in  Baltimore 

of  Orphans'  Court 

of  Orphans'  Court  to  appoint  Registers  of  Wills  in  case 
of  vacancy  

of  Criminal  Courts  to  decide  on  elections  of  State's 
Attorneys ,....^ 

to  fill  vacancies  in  ofiice  of  State's  Attorneys 

Land  Office 

right  of  jury  in  criminal  cases 

Judgment  of  peers 

Jurisdiction  of  Court  of  Appeals 

of  Circuit  Courts 

of  Courts  in  Baltimore 

of  Supreme  Bench  in  Baltimore 

of  another  Court  in  Baltimore 

of  Baltimore  Courts  may  be  changed  by  Legislature 

of  Orphans'  Courts 

of  Justices  of  the  Peace 

Jury ^. ^ — 


Justice 

Justice  of  tJu  Peace. 


Knowledge  to  be  encouraged., 


Labor  and  Agriculture 

Land  not  to  be  given  to  Religious  uses 

Land  Office 

Larceny 

Laws  of  the  United  States,  supreme 

of  Engbiml,  &c 

suspension  of....i 

preservation  of 

sanguinary 

retrospective 

of  attainder 

imprisonment 

for  quartering  soldiers 

martial 

holding  two  offices 

oath  of  office 

against  illegal  voting 

to  be  enforced  by  the  Governor 

recommendations  of  Governor 

style  of. 

mode  of  enactment 

special  and  local 

amendments  of 

statements  about  public  money  to  be  published  with  . 

when  to  take  effect 


Aet. 

Sect. 

Paob. 

4 

28 

72 

4 

31 

73 

4 

31 

74 

4 

32 

74 

4 

33 

75 

4 

33 

76 

4 

34 

76 

4 

a5 

76 

4 

36 

76 

4 

37 

77 

4 

39 

78 

4 

40 

79 

4 

41 

80 

6 

8 

86 

5 

11 

87 

7 

4 

94 

15 

5 

116 

23 

... 

18 

4 

14 

65 

4 

20 

68 

4 

28,29,30 

72,73 

4 

33 

75 

4 

39 

78 

4 

89 

79 

4 

40 

79 

4 

42 

81 

5,21,23 

40,  8, 5,  6 

14,18 

3,4,15 

21; 

52,61,116 

19,33 

17,19 

3 

11 

41 

4 

42,43 

81 

43 

;•• 

22 

10 

1 

97 

38 

22 

7 

4.6 

94 

1 

2 

25 

1 

13 

5 

... 

14 

9 

... 

15 

12 

K^ 

16 

... 

17 

17 

17 

18 

17 

23 

... 

18 

31 

... 

19 

32 

... 

19 

35 

20 

37 

21 

1 

3,4 

25,26 

2 

9 

32 

2 

19 

35 

3 

29 

47 

3 

30,31 

47,48 

3 

33 

49 

3 

29 

47 

3 

32 

49 

3 

81 

48 

Index. 


145 


Laws,  mode  of  attesting  and  recording , 

to  protect  wife's  proiierty 

of  exemption 

to  regulate  Clerks'  fees 

about  master  and  slave 

granting  Charters  to  Banks 

to  take  private  property  for  public  use 

about  corporations 

contested  elections 

for  regulation  of  elections 

against  bribery 

suspending  habeas  corpus  prohibited 

for  executing  vested  powers 

about  the  legal  rate  of  interest 

for  taxation  of  foreign  corporations 

about  pension  Commissioner  prohibited 

for  another  Court  in  Baltimore  City 

about  Justices  of  the  Peace 

about  Coroners,  &c 

State's  Attorney's  fees 

Lease 

Legislature,  trustees  of  the  public . 

right  of  the  people  to  participate  in 

separation  of  departments  of  Government... 

alone  to  suspend  laws 

freedom  of  speech  in 

Annapolis  to  be  the  place  of  meeting 

to  be  frequently  convened . 

right  of  petition 

taxes  not  to  be  levied,  except  by 

alone  to  raise  standing  armies 

quartering  soldiers 

devises  void,  without  leave  of 

duties  of. 

to  pass  laws  against  illegal  voting 

to  provide  registration  laws 

oath  of 

provisions  about  election  of  Governor 

provisions  about  vacancies 

consent  to  Governors  commanding  militia... 

Governor  not  to  appoint  persons  rejected  by. 

extra  sessions  of. 

may  pass  laws  over  veto 

recommendation  from  Governor 

Governor  to  report  to,  reasons  for  pardon 

to  consist  of  two  branches 

election  and  classification  of  Senators 

apportionment  of  Delegates 

election  of  Delegates 

classification  of  Senators 

qualification  of  members 

persons  ineligible 

vacancies • 

time  of  meeting 

time  of  adjournment 

compensation 

books  not  to  be  purchased 

disqualified  to  hold  other  oflBces 

freedom  of  debate 

powers  of  each  House 

quorum • 


IKI. 

Sect. 

Paos. 

3 

30 

48 

3 

43 

53 

3 

44 

53 

3 

45 

53 

8 

37 

51 

3 

39 

62 

3 

40 

52 

3 

48 

64 

3 

47 

54 

3 

49 

66 

3 

60 

55 

3 

55 

67 

3 

66 

67 

3 

57 

57 

3 

58 

58 

3 

69 

68 

4 

39 

78 

4 

42 

81 

4 

46 

82 

5 

9 

86 

38 

22 

6 

... 

15 

7 

... 

15 

8 

... 

15 

9 

15 

10 

... 

16 

11 

... 

16 

12 

16 

13 

... 

16 

14 

16 

29 

... 

19 

31 

19 

38 

22 

43 

... 

22 

1 

4 

26 

1 

5 

26 

1 

6 

27 

2 

3.4 

29,30 

2 

7 

31 

2 

8 

32 

2 

12 

32 

2 

16 

33 

2 

17 

34 

2 

19 

35 

2 

20 

35 

3 

1 

37 

3 

2 

37 

3 

3,  4;  5 

37, 38,  39 

3 

6,7 

40 

3 

8 

40 

3 

9 

40 

3 

10, 11, 12 

41,42 

3 

13 

42 

3 

14 

43 

3 

15 

43 

3 

15 

43 

3 

16 

43 

3 

17 

44 

8 

18 

44 

3 

19 

44 

3 

20 

44 

146 


Index. 


Ijegislature,  sessions  to  be  open 

journals  to  be  published 

imprisonment  of  disorderly  persons 

Powers  of  House,  as  Grand  Inquest 

special  adjournments 

impeachments 

either  House  may  originate  bills 

passage  of  bills 

style  of  laws  and  mode  of  enactment 

mode  of  attesting  laws 

when  laws  to  take  effect 

appropriations  of  money  to  be  made  by  law 

contingent  fund 

statement  of  use  of  public  moneys  to  be  published 

divorces  not  to  be  granted 

local  and  special  laws  not  to  be  passed 

debts  not  to  be  contracted 

credit  of  the  State  not  to  be  granted 

proceeds  of  internal  improvement  companies  and  State 

tax,  to  be  used  to  pay  public  debt 

may  bori'ow  fifty  thousand  dollars 

may  contract  debts  for  defence  of  the  State 

no  extra  compensation  to  be  allowed 

Lotteries  prohibited 

payment  for  slaves  prohibited 

imprisonment  for  debt  prohibited 

provision  about  Bank  Charters 

private  property  taken  for  public  use  to  be  paid  for 

duelling  prohibited 

■  purity  of  elections 

wife's  property  to  be  protected 

exemption  laws 

uniform  system  of  Charges 

may  receive  land  from  United  States 

contested  elections 

corporations  to  be  formed  under  general  laws 

regulation  of  elections 

bribery 

taxation  of  personal  property 

appropriations  for  private  claims 

witnesses „ 

counties  not  to  contract  debts 

Habeas  Corpus 

to  pass  laws  to  execute  vested  powers 

rate  of  interest  to  bo  provided 

foreign  corporations  to  be  taxed „ 

office  of  Pension  Commissioner  abolished 

address  of,  to  remove  Judges 

to  provide  compensation  for  Court  Officers 

Sessions  of  Court  of  Appeals 

Reports  of  cases  in  Court  of  Appeals 

rules  for  appeals,  records,  &c 

may  provide  another  Court  in  Baltimore 

to  fix  compensation  of  Judges  of  Orphans'  Courts 

Coroners,  Elisors  and  Notaries 

reports  of  Comptroller  and  Treasurer. 

provisions  about  County  Commissioners 

provisions  about  Surveyors 

provisions  about  Wreck-master 

Education 

Militia 


T. 

Sect. 

Pagk. 

3 

21 

44 

3 

22 

45 

3 

•23 

45 

3 

24 

45 

3 

25 

46 

3 

26 

46 

3 

27 

47 

3 

28 

47 

3 

29 

47 

3 

30 

48 

3 

31 

48 

3 

32 

49 

3 

32 

49 

3 

32 

49 

3 

33 

49 

3 

33 

49 

3 

34 

50 

3 

34 

60 

3 

34 

51 

3 

34 

51 

3 

34 

51 

3 

35 

51 

3 

•36 

51 

3 

37 

51 

3 

38 

52 

3 

39 

52 

3 

40 

62 

3 

41 

52 

3 

42 

53 

3 

43 

53 

3 

44 

63 

3 

45 

63 

3 

46 

53 

3 

47 

64 

3 

48 

54 

3 

49 

55 

3 

50 

55 

3 

51 

56 

3 

62 

66 

3 

63 

57 

3 

64 

57 

3 

65 

57 

3 

66 

57 

3 

67 

67 

3 

68 

68 

3 

58 

S9 

4 

60 

9 

62 

14 

65 

16 

66 

18 

67 

39 

78 

40 

79 

45 

82 

24 

89,91 

1 

92 

2 

93 

6 

95 

8 

1 

95 

9 

1 

96 

Index.  147 


Art. 

Legislature,  Labor  and  Agriculture 10 

City  of  Baltimore 11 

Amendments  to  Constitution 14 

Miscellaneous 15 

Liability 3 

Liberty 6,7,20,23,24 

29,33,34,36,40 

Librarian 3,  7 

Literature 43 

Lives.... 20,23 

Lot 2 

lottery 3 

Lunatics 1 

Majority  of  each  House  to  be  a  quorum 3 

of  each  House  required  to  pass  bills 3 

of  House  of  Delegates  to  concur  in  impeachments 3 

Manlcind 6 

Manufactures 43 

Marines 32 

Martial  Law 32 

Maryland 5 

Master  and  Slave 24;  3 

Mayor  of  Baltimore 11 

Meetings  of  Legislature  to  be  at  Annapolis 11 

of  Legislature  to  be  frequent 12 

of  Legislature,  extra 2 

of  Legislature,  regular 3 

of  Court  of  Appeals 4 

Meeting  House 38 

Members  of  House  of  Delegates 3 

of  Senate 3 

persons  ineligible 3 

compensation 3 

Members  of  Congress 3 

ifessa^res,  of  Governor 2 

Mileage 3 

Military 2P, 29, 30,31 

32;  29 

Minister 36,38;  3 

Misbehaviour,  removal  of  officers 2 

Courts  Martial 2 

Clerk  of  Court  of  Appeals 4 

Clerks  of  Circuit  Courts 4 

Register  of  Wills 4 

State's  Attorneys 5 

Miscellaneous 15 

Money,  penalties  for  giving,  to  procure  votes 1 

abuses  in  expenditures  of 3                     24 

not   to   be  drawn  from  Treasury  without   appropria- 
tion   8                     32 

publication  of  receipts  and  expenditures 3                     32 

debts  not  to  be  contracted  by  the  Legislature 3 

defaulting  collectors  ineligible 3 

duties  of  Comptroller  and  Treasurer 6 

compensation  of  officers  not    to  exceed    three   thou- 
sand dollars .'. ...  15 

trial  by  jury  for  all  sums  above  five  dollars 15 

Monopolies 41 

Morality 36 

Municipal  Corporations 3 


Sect. 

Paqk. 

1 

97 

9 

103 

1 

111 

1 

113 

18,39 

44,52 

15,17,18, 

19,20,22 

24,3 

46,93 

23 

17,18 

4 

30 

36 

51 

2 

25 

20 

44 

28 

47 

26 

46 

... 

15 

23 

... 

19 

... 

19 

14 

37 

18;  51 

1,5,6 

99, 101 

... 

16 

16 

16 

33 

14 

43 

14 

65 

22 

6 

40 

7 

40 

9, 10,  11,  12 

40,41 

15 

43 

10 

41 

19 

35 

15 

43 

8,1 

19;  31,  96 

11 

20,21;  41 

15 

33 

15 

33 

17 

66 

25 

71 

41 

80 

1,7 

83,85 

1 

114 

3 

25 

34 

50 

12 

42 

2,3 

89,90 

1 

114 

6 

116 

22 

... 

20 

48 

54 

148 


Index. 


Name 

Naval  force 

Necessity,  plea  of,  bad 

Negroes 

Newspaper 

Nobility:. 

Nolle  Prosequi .• 

Nomination 

Non  Compos 

Non-resistance 

Notaries 

Notes 

Notice  of  application  for  pardon 

of  election  fol-  Senator  or  Delegate 

Number,  of  votes  for  Governor 

of  Senators  and  Delegates 

necessary  to  constitute  Quorum,  &c 

majority  of  votes  necessary  to  pass  laws „.. 

majority  of  House  to  concur  in  impeachments 

two-thirds  of  each  House  to  concur  in  address  to 
remove  Judges „ 

of  Justices  of  the  Peace 

of  County  Commissioners 

of  population  for  New  County 

new  election,  when  equal 

Oaf/i,  retrospective,  not  to  be  required 

witnesses  to  be  examined 

of  officers 

of  office 

manner  of  administering 

perjury 

House  of  Delegates  may  inquire  on 

impeachments 

to  report  of  entries  in  book  of  receipts  of  oflBcers 

Offence 

(Officer,  Judges  not  to  hold  any  other  oflBce 

rotation  of 

no  person  to  hold  two  oflSces 

oath ; 

disfranchisement  for  perjury,  &c 

bribery 

form  of  oath 

perjury 

military  to  be  appointed  by  Governor 

vacancies ~ 

persons  rejected  not  be  appointed 

time  of  nomination 

term  of  office 

removals 

Senators' term  of  office 

Delegates'  term  of  office - 

qualification  of  Legislators , 

ineligibility 

no  extra  compensation  to  be  allowed 

powers  of  Legislature  to  send  for  persons  and 
papers 

vacancies  in  office  of  Legislator 

compensation  of  Senators  and  Delegates 

defaulters  ineligible 


Aet. 

Sect. 

Pagi. 

1 

4 

26 

2 

8 

31 

44 

... 

23 

24;  3 

37 

18;  51 

2 

20 

35 

42 

22 

2 

20 

35 

2 

10,  11, 12 
13,14 

32,33 

1 

2 

25 

6 

15 

4 

45 

82 

3 

39 

52 

2 

20 

35 

3 

13 

42 

2 

4 

30 

3 

2,3,4 

.37,  38,  39 

3 

20 

44 

3 

28 

47 

3 

26 

46 

4 

4 

60 

4 

42 

81 

7 

1 

92 

.  13 

1 

m 

15 

4 

115 

17 

... 

17 

21 

... 

18 

1 

6 

27 

37;  1 

6,7 

21 ;  27,  28 

39 

... 

22 

1 

7 

28 

3 

24 

45 

3 

26 

46 

15 

1 

114 

2,3 

15,24 

33,45 

33 

20 

34 

20 

35 

... 

20 

37,39 

21,  22 

1 

7 

28 

1 

3 

25 

1 

6 

27 

1 

7 

28 

2 

10 

32 

2 

11 

32 

2 

12 

32 

2 

13 

33 

2 

13 

33 

2 

15 

33 

3 

2 

37 

3 

6 

40 

3 

9,10,11 

40,41 

3 

12,17 

41,44 

3 

35 

61 

3 

24 

45 

3 

13 

42 

3 

15 

43 

3 

12 

41 

Index. 


149 


Officer,  duelists  ineligible 

of  Banks  not  to  borrow  money 

public  commission 

returns  of  elections 

new  elections  in  cases  of  a  tie,  &e 

sundry  officers - 

Commissioner  of  Land  Office 

State  Librarian • 

County  Commissioners 

Surveyors 

Wreck-Master 

Education « 

Militia 

of  Labor  and  Agriculture 

of  City  of  Baltimore 

of  Public  Works 

•       compensation  of  officers  not  to  exceed  three  thou- 
sand dollars 

continuation  of  certain  persons  in  office 

commencement  of  their  terms 

before  whom  to  qualify 

Opinion 

Oppression 15, 

Order - 

Origin  of  Government 

of  bills 

Orphans'  Courts 

Outlatory 

Pain^ 

Pardons 

Pnrtialitii 

Parsonage 

Party,  right  of  Jury  trial 5, 1 

affinity  to  Judge 

removal  of  eases 

State  cases  in  Court  of  Appeals,  &c 

Paupers .... 

Peace 13, 

Penalties,  unusual,  not  to  be  inflicted 

for  bribery 

for  perjury 

for  disorderly  conduct 

for  non-attendance 

Pension  Commissioner 

People,  origin  of  government 

bound  by  Constitution  ofU.  S 

State's  Rights 

right  of  reform 

right  of  suffrage 

trial  of  facts  where  they  arise 

independency  of  Judges 

rights  retained > 

elections  by...... 

adoption  of  Constitution 

amendments  of  Constitution 

Perjury 

Perquisites ... 

Persuasion 3C,  37, 

Petition 

11 


Art. 

Sect. 

Page. 

3 

41 

52 

3 

39 

52 

4 

13 

64 

4 

11 

63 

4 

12 

6ii 

7 

1 

92 

7 

4 

94 

7 

3 

93 

7 

1 

92 

7 

2 

92 

7 

6 

95 

8 

95 

9 

96 

10 

97 

11 

99 

12 

103 

15 

1 

115 

15 

2,3 

115 

15 

9 

116 

15 

10 

117 

4;  5 

15,  23  ;  3 

65, 

71;  84 

17,26 

1€ 

,  17, 18 

38 

... 

21 

1 

13 

3 

27 

47 

4 

40 

79 

23 

... 

18 

16 

... 

17 

1,2 

2,20 

25,35 

1 

0 

27 

38 

22 

21;  15 

6 

1*, 

17;  116 

4 

7 

61 

4 

8 

61 

5 

3 

84 

15 

16 

31,  36, 

6 

16 

19,20, 

44,4 

23,  01 

16 

... 

17 

1 

3 

25 

1 

7 

28 

3 

19,  23 

44,45 

3 

20 

44 

3 

69 

58 

1 

... 

13 

2 

... 

14 

3,4 

14 

6 

... 

16 

7 

... 

15 

20 

17 

33 

... 

19 

45 

21 

3 

2,6 

37,40 

15 

... 

lis 

14 

I 

111 

1 

7 

■a 

33;  6 

1 

21;  88 

,  38,  39 

... 

20 

,  21,  22 

13;  2 

20 

16;  3G 

Ie50 


Index. 


Haee  for  meeting  of  Legislature 

of  trial  of  facts 

search  warrants 

extra  sessions  of  Legislature 

of  adjournment  of  Legislature „ 

of  meeting  of  Court  of  Appeals 

of  offices  of  Treasurer  and  Comptroller 

Plurality 

Police 

Poll  Tax 

Powers  reserved 

to  alter  or  reform  government 

persons  invested  with,  trustees  of  public 

Legislative,  Executive  and  Judicial  to  be  separate, 

military 

long  continuance  in,  dangerous 

executive,  vested  in  Governor 

veto 

pardoning 

of  each  House  of  the  Legislature 

of  House  of  Delegates 

to  pass  necessary  laws _. 

judicial 

of  Court  of  Appeals 

of  Circuit  Judges 

of  Court  in  Baltimore ...". 

of  Judges  of  Orphans'  Court 

of  Board  of  Public  Works 

of  Juries  in  Criminal  Cases 

Practice 

Preacher -. 

Preamble 

Presents 

Presentment 

President  of  Senate 

Press 

Prince « 

Printing 

Privileges \ 

Proclamation 

Profession 

ProfiU 

Property  derived  under  Charter  of  the  State 

taxation 

no  man  to  be  deprived  of 

search  warrants 

sales,  &c.,  to  Ministers,  &c 

of  wife  to  be  protected 

exemption  laws 

taken  for  public  use 

Prosecution 

Protection 

Publication,  liberty  of  the  press 

of  Journals  of  Legislature 

of  laws 

of  statement  about  public  moneys 

of  decisions  of  Court  of  Appeals 

of  Treasurer's  Report 

Publicity 

Public  Debt 

Public  Instruction 


Art. 
11 


Page. 
10 
17 
18 
34 


4 

14 

65 

6 

1 

88 

2 

3 

29 

4 

... 

14 

15 

... 

16 

3 

... 

14 

1 

... 

13 

6 

... 

15 

8 

... 

15 

30 

... 

19 

34 

... 

20 

2 

1 

28* 

2 

17 

34 

2 

20 

35 

3 

19,23 

44,45 

3 

24,  26 

45,46 

3 

56 

57 

4 

1 

58 

4 

16,18 

66 

4 

21,22 

68 

4 

28,  &c. 

72,  &c. 

4 

40 

79 

12 

1 

103 

15 

5 

116 

5,36 

14,  20 

36,  38 ;  3 

11 

20,21;  41 
13 

33,  35 ;  1 

3 

20;  25 

3 

24 

45 

2 

7 

31 

40 

22 

35 

... 

20 

3 

24,30 

46,48 

5,  23,  40 ;  3 

18  14, 18,  22;  44 

3,15 

14 

43, 118 

36,  37,  38,  39 

20,  21,  22 

35;  1 

3,6 

20;  25,  28 

5 

14 

15 

16 

23 

18 

26 

... 

18 

38 

... 

21 

3 

43 

53 

3 

44 

53 

3 

40 

52 

21;  3 

18 

17;  44 

36,  3 

43,44 

20;  53 

40 

22 

3 

22 

45 

3 

30 

48 

3 

32 

49 

4 

16 

66 

C 

4 

91 

3 

21 

44 

3,6 

34,  2,  3 

50,  89,  90 

8 

1 

95 

Index. 


151 


Public  Works 

Punishment,  cruel  and  unilsual,  not  to  be  inflicted. 

ex  post  facto  laws 

criminal  prosecutions 

without  law 

witnesses  and  jurors  belief  in 

for  bribery 

for  illegal  voting 

of  disorderly  members  of  Legislature 

of  other  persons  by  Legislature 

of  bank  officers 

Purchase 


Qualifications  for  suffrage 

oath  of  office 

of  Governor 

of  Senators  and  Delegates 

of  Judges 

of  Judges  of  Orphans'  Court. 

of  Sheriff. 

of  Attorney  General 

of  State's  Attorneys 

of  Mayor 

Quartering  of  soldiers 

Questions 

Quorum 


Race, — or  Color 

Rail  Roads 

Ratification 

Reading  of  bills  on  three  different  days. 

Reasons  for  pardons 

Recommendations  of  Governor 

Receipts 

Receivers 


Records  of  Secretary  of  State 

of  Yeas  and  Nays 

House  of  Delegates  may  call  for 

of  laws  of  the  State 

Redress , 

Reference , 

Reform „ 

Refusal  to  take  oath 

of  Voters 

JRegistration 

Regulation  of  internal  police  of  the  State. 

for  removals  of  cases 

of  fiscal  affairs  by  Comptroller 

Rejections 

Relations __ ~ _ 


Removal  of  Judges  for  misbehavior 

of  voters 

of  Governor  from  the  State 

of  military  officers , 

of  place  of  meeting  of  Legislature. 

of  Secretary  of  State 

of  Senators  and  Delegates 

of  Clerk  of  Court  of  Appeals 


ART. 

Sect. 

Page. 

3,12 

34,1 

50, 103 

16,25 

... 

17,18 

17 

17 

21 

... 

18 

23 

18 

36 

21 

1 

3 

25 

1 

4 

26 

3 

19 

44 

3 

23 

45 

3 

39 

52 

3,6 

16,  24,  3 

43,  46,  90 

7;  1 

1 

15;  24 

1 

6,7 

27,28 

2 

5 

30 

3 

9,  10,  11,  12 

40,41 

4 

2 

59 

4 

40 

79 

4 

44 

82 

5 

4 

85 

5 

10 

87 

11 

1 

100 

31 

... 

19 

3 

22 

45 

3 

20 

44 

3 

53 

57 

12 

2,3 

104, 105 

15 

... 

118 

3 

27 

47 

2 

20 

36 

2 

20 

36 

3,6 

32,3 

49,90 

3,6 

12,3 

41,90 

2 

12 

32 

2 

23 

36 

3 

22 

45 

3 

24 

45 

3 

30 

48 

13 

16 

3 

29 

47 

1,6 

._. 

13,15 

1 

7 

28 

1 

5 

2G 

1 

5 

26 

4 

... 

14 

4 

8 

61 

6 

2 

89 

2 

12 

32 

4 

7 

61 

38,39 

20.  21,  22 

3 

11 

41 

33 

19 

1 

1,4 

25,26 

2 

6 

31 

2 

15 

33 

2 

16 

33 

2 

22 

^  36 

3 

9 

41 

4 

17 

66 

152 


Index. 


Removal  of  Judges 

of  Clerks  of  Circuit  Courts 

of  Register  of  Wills 

of  Justices  of  the  Peace 

of  Sheriffs 

of  cases '. 

of  State's  Attorneys 

Reports 

Representation 

Reprieve 

Residence  of  voters 

of  Governor 

of  Senators  and  Delegates 

of  Judges 

of  Sheriffs 

of  State's  Attorneys 

Resignation  of  officers  elected 

of  Governor,  &c 

of  Senators  and  Delegates 

of  Judges,  &c 

Returns  of  election  for  Governor 

for  other  officers 

for  State's  Attorneys 

to  be  regulated  by  Legislature 

Revenue 

Rewards 

Rights  to  alter  Government 

of  internal  Government 

of  reform 

to  participate  in  Legislature. 

of  petition 

to  have  justice 

to  trial  of  facts  where  they  arise 

to  be  informed  of  accusation .... 

natural,  civil  and  religious 

to  Constitutional  law  in  War  and  Peace 

retained  by  the  People 

Rotation  in  office 

Rules 

Safety *. 

St.  Mary's  County 

Salary — see  Compensation 

Sale 

Schools 

Sciences 

Seal 

Search 

Seat  of  Government 

to  be  at  Annapolis 

becoming  unsafe 

Secrecy 

Se&retary  of  State 

Sect 

Security  of  liberty 

trial  of  facts  where  they' arise 

independence  of  Judges 

rotation  in  office 

bribery 


Art. 

Sect. 

Pao». 

4 

60 

25 

71 

41 

80 

42 

81 

44 

82 

8 

61 

5 

1,7 

83,86 

,  6,  15 

20,  16,  2 

35,  66,  89 

4,  1 

91,  114 

3 

3,4,5 

37,38,39 

2 

20 

35 

1 

1.4 

24,26 

2 

5,21 

30,36 

3 

9 

41 

4 

2,21 

o9,  69 

4 

44 

82 

6 

4,10 

86,87 

1 

7 

28 

2 

6 

31 

3 

13 

42 

4 

5 

60 

2 

2,3 

29 

4 

11 

63 

5 

2,8 

83,86 

3 

49 

55 

3,6 

24,2 

45,  89 

36;  1 

3 

21;  26 

1 

... 

13 

4 

14 

6 

15 

7 

15 

13 

... 

16 

19 

... 

17 

20 

17 

21 

18 

36 

... 

20 

44 

23 

46 

23 

34 

... 

20 

3 

19 

44 

16,36 

... 

17,20 

3 

34 

60 

19,38 

17,21 

8 

1 

95 

43 

23 

3,4 

30,13 

48,64 

26 

18 

2,4,6 

22,  14,  1 

36,  65,  88 

11 

... 

16 

2 

16 

34 

3 

21 

44 

2 

2,  22,  23 

29,36 

36,  38 

20,  21 

7 

15 

20 

17 

33 

19 

34 

••• 

20 

1 

3 

25 

Index. 


153 


SecMn'ft/ of  wife's  property 

to  be  given  by  Sheriff. 

Seizure * 

Senate,  oath  of 

election  of  Governor 

vacancy  in  office  of  Governor 

consent  of,  to  appointments  by  Governor 

may  be  convened  alone 

election  of 

classification 

qualifications 

compensation 

disqualified  to  hold  office 

not  liable  for  words  in  debate 

to  keep  Journal 

special  adjournment 

ineligibility  of  defaulters  and  duelists 

impeachment 

consent  of,  to  designation  of  Chief  Justice 

Sessions,  election  returns  to,  made  to  Legislature,  at  its 
commencement 

extra,  of  Legislature 

of  Legislature,  time  of,  determined 

of  Legislature  to  be  open 

of  Legislature,  special  adjournment 

bills  to  be  read  on  three  different  days 

statement  about  public  moneys  to  be  published 

appointment  of  Treasurer,  &c 

reports  of  Treasurer  and  Comptroller 

reports  of  Board  of  Public  Works 

sense  of  the  people,  about  calling  a  convention  to 

amend  Constitution 

Sheriffs .  

Sinking  Fund •. 

Slave 

Slavery 

Soldiers 

Speaker  of  House  of  Delegates 

Special  Laws 

Speech 

State  Rights 

charter : 

taxes __ 

holding  offices 

disturbing  the  peace 

titles  of  Nobility 

Executive,  power  of _ 

recommendations  of  Governor 

appropriations  of  money - 

credit  of,  not  to  be  loaned 

extra  compensation  not  to  bo  allowed 

Judicial  powers 

Elections 

cases  in  Court  of  Appeals,  &c 

fiscal  affairs  of. 

Public  Works 

Statements 

State's  Attorneys— see  Attorneys. 

State  Librarian 

State  Treasurer _ 


Art. 

Skot, 

Paok. 

3 

43 

53 

4 

44 

82 

26 

18 

1 

6 

27 

2 

3,4 

29,30 

2 

7 

31 

2,  4 

10,  42 

32,81 

2 

16 

33 

3 

2.7 

37,40 

3 

8 

40 

3   9, 

10,  11, 12 

40,41 

3 

15 

43 

3 

17 

44 

3 

18 

44 

3 

22 

45 

3 

25 

46 

3 

12,41 

41,52 

3 

26 

46 

4 

14 

64 

2 

2 

29 

2 

16 

33 

3 

14 

43 

3 

21 

44 

3 

25 

46 

3 

27 

47 

3 

32 

49 

6 

1 

88 

6 

2,4 

89;  91 

12 

2 

105 

14 

2 

112 

4,15 

44,  8 

82,  116 

3,6 

34,  3 

50,90 

24;  3 

37 

18;  51 

24;3 

37,53 

18;  51,  57 

31,32 

... 

19 

2,3 

2,  3,  13 

29,42 

3 

33 

49 

10,40 

... 

16,  22 

4 

... 

14 

5 

16 

15 

... 

16 

35 

20 

36 

20 

42 

22 

2 

1 

28 

2 

19 

35 

3 

32 

49 

3 

34 

50 

3 

35 

61 

4 

1 

68 

15 

7 

116 

5 

3 

84 

6 

2 

89 

12 

1 

103 

(,  6, 15 

24,  2,  1 

45,  89,  114 

7 

3 

93 

6 

1,&C. 

88 

154  Index. 


statutes  of  England 

Stocks 

Stockholders 

Style  of  Legislature 

of  Laws 

of  Commissions,  Writs,  Indictments,  &c 

of  Courts 

Subordination 

Subscription 

Succession 

Successor  of  Governor 

of  State's  Attorneys 

of  State  Librarian 

of  other  officers 

Suffrage ; 

Superintendent  of  Public  Instruction 

Superior  Court 

Support 15,  28, 


Surveyors 

Suspension  of  laws 

of  officers 

Susquehanna  and  Tide  Water  Canal. 
Swearing 


Taxes 14, 15; 

Teacher 

Tenure 

Term  of  Governor 

of  officers  appointed  by  Governor 

of  Secretary  of  State 

of  Senators 

of  Delegates 

of  Judges 

of  Clerks  of  Courts 

of  Registers  of  Wills 

of  Justices  of  the  Peace 

of  State's  Attorneys.., 

of  Comptroller  and  Treasurer 

of  County  Commissioners 

of  Surveyors 

of  State  Librarian 

of  Commissioner  of  Land  Office 

of  Wreck-master 

of  Adjutant  General 

of  Superintendent  of  Labor  and  Agriculture 

of  Mayor  of  Baltimore 

of  City  Councils 

of  civil  officers - 

Test 

Tie  in  election  of  Governor 

in  election  of  Senators  and  Delegates 

new  election,  provided  for — 

THme  of  altering  Constitution - 

when  English  Statutes,  &c.,  are  applicable 

allowed  criminals  for  defence 

of  election  of  Governor _ - 

of  qualification  of  Governor 

of  nomination  of  officers  by  Governor 

of  apportionment  of  Members  of  House  of  Dele- 


Art. 

Sect. 

Faok. 

5 

... 

14 

3,6 

54,3 

57,90 

3 

39 

52 

3 

1 

37 

3 

29 

47 

4 

13 

64 

4 

20,27 

68,72 

30 

... 

19 

3 

34 

50 

38 

21 

2 

1 

28 

5 

1,7 

83,85 

7 

3 

93 

15 

3 

115 

7;  1 

1 

15;  24 

8 

1 

95 

4 

28 

72 

16,38 

...  16, 

19,  20,  21 

6 

2 

89 

7 

2 

92 

9 

... 

15 

2 

W 

33 

12 

3 

106 

1 

6 

27 

;  3,6 

33,34,2  16; 

49,  50,  89 

38 

... 

21 

33 

... 

19 

2 

1 

28 

2 

13 

33 

2 

22 

3(i 

3 

2 

37 

3 

6 

40 

4 

3 

59 

4 

17,  25,  37 

66,  71,  77 

4 

41 

80 

4 

42 

81 

5 

1,7 

83,85 

6 

1 

88 

7 

1 

92 

7 

2 

92 

7 

3 

93 

7 

4 

94 

7 

6 

95 

9 

2 

96 

10 

1 

97 

11 

1 

100 

11 

3 

100 

15 

9 

116 

37 

... 

21 

2 

4 

30 

3 

13 

42 

15 

4 

115 

1;  14 

2 

13 ;  112 

5 

... 

14 

21 

17 

2 

2 

29 

2 

3 

29 

2 

13 

33 

Index. 


155 


Time  of  election  of  Delegates 

of  meetings  of  Legislature 

of  arljoiu-nment  of  Legislature 

of  special  adjournments  of  Legislature 

limited  for  passage  of  bills 

when  laws  take  effect - 

for  payment  of  debts  of  the  State 

of  election  of  Judges 

of  election  to  fill  vacancies * 

of  meeting  of  Court  of  Appeals 

of  election  of  Clerks 

of  election  of  Judges  of  Orphans'  Courts 

of  election  of  Registers  of  Wills 

of  appointment  of  Justices  of  the  Peace  and  Consta- 
bles  .'... 

of  election  of  Sheriffs ~. 

of  election  of  Attorney  General  and  State's  Attor- 
neys  

of  election  of  Comptroller 

of  appointment  of  Treasurer 

of  election  of  County  Commissioners „ 

of  election  of  Surveyors 

of  appointment  of  State  Librarian— „ -_ 

of  appointment  of  Commissioner  of  Land  Office 

of  election  of  Wreck-masters 

of  election  of  Superintendent  of  Labor  and  Agricul- 
ture  

of  election  of  Mayor,  &c 

of  elections ~_ 

Titles 

Tobacco  Inspectors 

Tolls 

Transfer 

Treaties  of  U.  S.  Supreme  Law 

Treason. 

Treasurer. 

jfWoteby  Jury 

to  be  had  speedily , 

of  facts  where  they  arise 

disqualification  of  Judges,  <fec 

removals  of 

Trust 33, 

Trustees 


Unanimity  in  Jury , 

Uniformity 

United  States 

Constitution  of  Supreme  Law 

powers  not  delegated  to 

Judges  not  to  held  office  under 

presents  from,  forbidden , 

Constitution  of,  applies  in  War  and  Peace. 

bribery  of  Electors 

Uprightness  of  Judges 

Uses 


Vacancy  in  office  of  Governor - 

Governor  to  appoint  in  recess  of  Legislature. 

in  office  of  Senator  or  Delegate 

in  office  of  Judges....; 

in  office  of  Clerk  of  Court  of  Appeals 


Art. 

Sect. 

Pack, 

3 

7 

40 

3 

14 

43 

3 

15 

43 

3 

25 

46 

3 

27 

47 

•  3 

31 

48 

3 

34 

50 

4 

3 

59 

4 

5 

60 

4 

14 

65 

4 

25,  37 

71,77 

4 

40 

79 

4 

41 

«0 

4 

42 

81 

4 

44 

82 

5 

1,7 

83,85 

6 

1 

88 

6 

1 

88 

7 

1 

92 

7 

2 

92 

7 

3 

93 

7 

4 

94 

7 

6 

95 

10 

1 

97 

11 

1 

99 

15 

7 

116 

.  42;  3 

29 

22,  48 

2 

13 

33 

12 

2 

104 

6 

2,3 

89,  90 

2 

... 

13 

18,27 

.-. 

1;,19 

5,21;  15 

18,  1,  &C. 

35,  88,  &c. 

5,6 

14,18;  116 

19,21 

... 

17,18 

20 

... 

17 

4 

7 

61 

4 

8 

61 

34,35;  3 

11 

20;  41 

6 

... 

15 

21 

18 

3 

45 

53 

3 

10,46 

41,53 

•  2 

.... 

13 

3 

14 

33 

... 

20 

35 

•20 

44 

23 

1 

3 

25 

33 

19 

38 

21 

2 

7,11,14 

31,  32,  33 

2 

11, 12,  14 

.32,33 

3 

13 

42 

4 

5 

60 

4 

17 

66 

156 


Index. 


Vacancy,  in  office  ol  Clerks 

in  office  of  Judge  of  Orphans'  Court 

in  office  of  Register  of  Wills 

in  office  of  Justice  of  the  Peace  and  Constables 

in  office  of  Sheriff. 

in  office  of  Attorney  Genyral 

in  office  of  States'  Attorney 

in  Treasury  Department 

in  office  of  Surveyor 

in  office  of  Wreck-master 

in  office  of  Superintendent  of  Labor  and  Agricul- 
ture  

on  account  of  failure  to  pay  over  moneys 

Veto  Power 

Virtue » 


Viva  Voce 

Volunteers 

Voters,  qualifications  of. 

registration  of. 

Voting,  elective  franchise  determined..., 

bribery  prohibited 

illegal,  to  be  punished 

disqualifications 

for  Governor ...., 

for  Senators  and  Delegates 

ineligibility 

Yeas  and  Nays 

for  Judges 

for  Clerks 

for  Judges  of  Orphans'  Court 

for  Register  of  Wills 

for  Sheriffs 

for  officers  under  New  Constitution. 

election  returns 

in  cases  of  a  tie,  &c 

for  State's  Attorneys 

for  Comptroller  and  Treasurer 

for  State  Librarian 

for  Commissioner  of  Land  Office 

for  County  Commissioners 

for  Surveyor 

for  Wreck-master 

for  new  county 

for  adoption  of  Constitution 


Wards 

Warrants. 
Wars 


Washington  Branch  Bail  Road. 

Wife 

Wills,  Registers  of 

Witnesses 

Words 

WoTtihip 

Worth... 

Wreck-master ; 

m-tte ~ 


Art. 

Sect. 

Paob. 

4 

25,40 

71,80 

4 

40 

80 

4 

41 

80 

4 

43 

81 

4 

44 

82 

5 

6 

85 

5 

11 

87 

6 

1 

•   88 

7 

2 

93 

7 

6 

95 

10 

2 

97 

15 

1 

114 

2 

17 

34 

43 

... 

22 

2 

4 

.30 

9 

1 

96 

1 

1,2 

25 

1 

5 

26 

1 

1 

24 

1 

3 

25 

1 

4 

26 

1 

3 

25 

2 

2, 

29 

3 

6 

40 

3  9,  10,  11,  12 

40,41 

3 

27,  28 

47 

4 

3 

59 

4 

25,37 

71,77 

4 

40 

79 

4 

41 

80 

4 

44 

82 

15 

7 

116 

4 

11 

63 

4,15 

12,4 

63,  115 

5 

1,7 

83,85 

6 

1 

88 

7 

3 

93 

7 

4 

94 

7 

1 

92 

7 

2 

92 

7 

6 

95 

13 

1 

106 

15 

... 

118 

1,4 

4,42 

26,81 

2G 

... 

18 

28,  29,  30, 

19,23 

31,  32,  44 

12 

3 

106 

3 

43 

53 

3,4 

45,41 

53,80 

21,22,36;  3 

24 

18,21;  45 

3 

18 

44 

36 

.... 

20 

15 

... 

16 

7 

6 

95 

3,4 

55,13 

57,64 

Yeas. 


45,47 


YC  36217 


^ 


